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GEORGE W. MURRAY v. WILLIAM ELLIOTT. 


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CONTESTED ELECTION CASE 

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GEORGE WfMURRAY v. WILLIAM ELLIOTT. 


FKOM THE 


FIRST CONGRESSIONAL DISTRICT OF SOUTH CAROLINA. 


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GOVERNMENT PRINTING OFFICE. 
1897 . 

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CONTESTED ELECTION CASE 


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OF 

GEORGE W. MURRAY v. WILLIAM ELLIOTT, 

FROM THE 

FIRST CONGRESSIONAL DISTRICT OF SOUTH CAROLINA 


NOTICE OF CONTEST. 


Hon. William Elliott: 

Please take notice that I will contest your pretended election as Representative to 
the Fifty-fifth Congress of the United States of America, upon the following grounds: 

First. That at the election held in the First Congressional district of South Caro¬ 
lina on the 3d day of November, A. D. 1896, for Representative in the Fifty-fifth 
Congress, at the precincts of Beaufort, Port Royal, and Bluffton, in the county of 
Beaufort, and at divers precincts in the counties of Charleston and Williamsburg, in 
said district, many citizens who had the right to vote and who would have voted for 
me were denied the right to cast their ballots. 

Second. That at the precincts of Bluffton, Port Royal, and Old Pocotaligo, in the 
county of Beaufort, and at divers precincts in the counties of Charleston and Wil¬ 
liamsburg, a large number of your friends and supporters who were not entitled to 
vote under the new constitution of the State were allowed to vote and did vote for 
you. 

That at precinct 2, Ward 9, and at divers other precincts in the city of Charleston, 
and at the precinct of Edisto Island, in the county of Charleston, the managers of 
election used fraudulent poll lists, it appearing at the close of the polls at said pre¬ 
cincts that the number of names on the poll lists were greatly in excess of the num¬ 
ber of ballots found in the ballot boxes. 

Fourth. That your friends and supporters failed and refused to send the ballot box, 
registration books, and instructions to the Adams Run polling precinct, in the county 
of Colleton, and failed to open the poll at said precinct on the said day of election, 
thus dejiriving me of the votes which my friends and supporters would have cast 
for me. 

Fifth. That at divers voting precincts in the counties of Charleston and Williams¬ 
burg Republicans w ho are my friends and supporters w T ere excluded from the polling 
places and denied the right to witness the counting of the votes at the close of the 
polls, while all of the witnesses to the count were your friends and supporters. 

Sixth. That the managers of election in the counties of Charleston and Williams¬ 
burg fraudulently counted and returned more votes for you than were cast for you, 
and counted and returned less votes for me than were cast for me, thus fraudulently 
counting my votes for you. 

Seventh. That in the counties of Charleston, Williamsburg, and Berkeley all the 
managers and officers of election were your friends and supporters; that the Repub¬ 
licans were denied all rejiresentation at the said polls in the said counties of Charles¬ 
ton, Williamsburg, and Berkeley, and that it is a significant fact that in the counties 
of Georgetown, Beaufort, and Colleton, where the Republicans were allowed repre¬ 
sentation at the polls, a majority of the votes polled were cast, counted, and returned 
for me. while in the other counties, where representation was denied, the reverse was 
the result. 

Eighth. That there was no legally appointed board of Federal commissioners for 
the county of Charleston; and, if it were a legal board, its canvassing of the votes 
cast in the said county of Charleston and the returns of the said votes was illegal, 

3 



4 


MURRAY VS. ELLIOTT. 


in that the said votes were canvassed and returned (if at all) before the time 
required by law, thus preventing me or my attorney from presenting such protests, 
appeals, and other papers, which should have been filed with the said board of 
county canvassers for Charleston county. 

Ninth. That at Kingstree and other precincts in the county of Williamsburg 
men who were residents of the Sixth district were allowed to vote for Congressman 
from the First district, and that they voted for you. 

Tenth. That the pretended registration of voters throughout the First district of 
South Carolina was so unfairly and fraudulently conducted by your friends and sup¬ 
porters as to disfranchise many thousands of the citizens of the district, who are 
qualified under the new constitution of the State, and therefore justly entitled to 
register and vote, and who, if they were allowed to vote, would have voted for me. 

Eleventh. That by the unfair and fraudulent conduct of the registration officers, 
all your friends and supporters, working in your interest, at least 4,000 legal voters 
in the district have been deprived of the right to vote, as follows: In the county of 
Charleston, 1,200; in the county of Beaufort, 800; in the county of Georgetown, 
600; in the county of Berkeley, 400; in the county of Colleton, 400, and in the 
county of Williamsburg, 600, who, if allowed to register, would have voted for me. 

Twelfth. That of this number of citizens qualified under the law, but denied 
registration certificate by partisan boards of registration throughout the said dis¬ 
trict, more than 2,500 of them went to the polls at their voting precincts on the said 
day of election and offered to vote, and there denied the right to vote by the man¬ 
agers of election, your friends and supporters. If they were allowed to vote they 
would have voted for me. 

Wherefore, I contend that upon an honest and fair registration of the voters, an 
honest count of the votes cast, and upon the law and the facts of this case, as they 
will be established, you were not elected, and that I was elected Representative to 
the Fifty-fifth Congress of the United States from the First Congressional district 
of South Carolina. 

Geo. W. Murray. 

State of South Carolina, County of Beaufort: 

Personally appeared before me, J. I. Washington, who, being duly sworn, says 
that he served the within written notice of contest on Wm. Elliott, the contestee in 
this case, by leaving a copy of the same with him at his office in Beaufort, S. C., on 
the 16th day of December, A. D., 1896, and that he knows the person so served to be 
the said William Elliott. 

J. I. Washington. 

Sworn to before me this 17th day of December, 1896. 

Macon B. Allen, Notary Public. 


ANSWER 10 NOTICE OF CONTEST. 


George W. Murray: 

To your notice of contest of my right to a seat in the House of Representatives 
of the United States, as Representative of the First Congressional district of the 
State of South Carolina, in the Fifty-fifth Congress, to which 1 was duly elected on 
the 3d day of November last, I submit the following answer: 

1. I object to your first, second, third, fifth, sixth, ninth, tenth, eleventh, and 
twelfth grounds of contest on account of vagueness, indefiniteness, uncertainty, 
and insufficiency under the statute. Subject to the said objection and without 
waiving the same in any particular, I deny the allegations contained in your first 
ground of contest. 

2. I deny the allegations contained in your second and third ground of contest. 

3. I admit that the poll was not opened at Adams Run precinct, in Colleton 
County, on election day, but I deny that the same was due in any respect to any 
failure or refusal on the part of any friend or supporter of mine, and allege that the 
failure to open said poll was much more injurious to me than to you, because there 
were many more of my friends and supporters at said precinct who were duly quali¬ 
fied to vote at said election, and who were present at Adams Run on election day for 
the purpose of voting for me, than there were of your friends and supporters, who 
were qualified to vote and were present for the purpose of voting for you, the num¬ 
ber of my friends and supporters who were qualified to vote being one hundred and 
thirty, while of your friends and supporters qualified to vote there were only thirty- 
one. 

4. 1 deny that in the counties of Charleston and Williamsburg Republicans were 
excluded from the polling places and denied the right to witness the count, as you 
claim in your fifth ground of contest, and I allege that the managers of election 
were instructed to permit representatives of all candidates to be in the polling 
places and to witness the count, and that the same was publicly announced, and 
that if in any case none of your friends or supporters were so present in the polling 
places, it was not due to any denial or refusal on the part of the election officers, 
but solely because your friends and supporters intentionally absented themselves in 
order that you might charge the election officers with unfairness and partiality. 

5. I deny the allegations of your sixth ground of contest. 

6. I deny all the allegations of your seventh ground of contest, except the allega¬ 
tion that in the counties of Georgetown and Colleton you received a majority of the 
votes cast, and the allegation that in the counties of Charleston, Williamsburg, and 
Berkeley I received a majority of the votes cast. I deny your allegation that you 
received a majority of the votes cast in Beaufort County, it being the fact that 797 
votes were cast in that county, of which you received 395, and in Berkeley County 
there were, in all, only 46 votes cast for me and 8 votes cast for you, and I further 
allege that in the counties of Charleston, Williamsburg, and Berkeley, no effort 
whatever was made by you or your friends and supporters to have Republicans 
appointed officers of election, nor were any Republicans named by you or your 
friends therefor. 

7. I deny the allegations of your eighth ground of contest, that there was no 
legally appointed board of Federal commissioners for Charleston County; that their 
canvass and return of the votes cast in said county was illegal, and that they pre¬ 
vented you from presenting to them your protest, appeals, and other papers. And I 
allege that, in order to permit you or your attorneys to have full opportunity to 
present your protest, appeals, and other papers, and to take any other action that 
you or your attorneys might desire, the said board of Federal canvassers reconvened 
on the same day on which they met as canvassers and duly notified your attorneys 
thereof, and that your said attorneys thereupon appeared before said board and 
objected to its power to reconvene and to hear and determine your protest, appeals, 
and other matters, or to do any other lawful act, and your said attorneys thereupon 
refused to j)roceed in any such matters before said board. And I further allege that, 
notwithstanding the refusal of your said attorneys to recognize the power of said 
board, they did nevertheless serve upon said board your said protest, which they 
had just refused to allow the said board to hear and determine. And I allege that 
your attorneys did also aj>peal from the action of the said board of State canvassers, 


6 


MURRAY VS. ELLIOTT. 


and that said board of State canvassers did hear and determine all of your said pro¬ 
tests and appeals. Furthermore, you did, by your attorneys, request the board of 
State canvassers to order the board of county canvassers for Charleston County to 
reconvene for the purpose of hearing your said protest, while you then claimed, and 
still do claim, that there was no legal board of county canvassers for Charleston 
County, and notwithstanding the fact also that you had denied the power of the said 
board of canvassers for Charleston County to reconvene and act. I further allege that, 
notwithstanding the position taken by you that you were injured by being denied the 
right to a hearing before the board of county canvassers for Charleston County, 
you did, by your attorneys, announce to the board of State canvassers that you 
would press no appeal from the decision of any board of county canvassers except 
the county canvassers for Charleston County, before which alone you allege that 
you were not allowed to be heard. And I allege and charge that all of said actings 
and doings by you, through your said attorneys, were prompted solely by the pur¬ 
pose of making up sham and pretended grounds of contest as to the action of the 
board of canvassers for Charleston County. 

8. I deny the allegations of your ninth ground of contest. 

9. I deny the allegations of your tenth and eleventh grounds of contest, and allege 
that the registration of voters in said First district was fairly and lawfully con¬ 
ducted, and that no citizen who was qualified to register under the constitution of 
the State was refused registration; and I further allege that, if all the persons in 
said district who were refused the right of registration had been registered and had 
all voted for you at said election, said number would not have been sufficient to have 
overcome the majority I received in said election. 

10. I deny the allegation of your twelfth ground of contest, and I deny each and 
every other allegation contained in your notice of contest not hereinbefore specially 
admitted or denied. 

11. Further answering your notice of contest, I allege that at the said election 
held on the 3d day of November last I was duly elected the Representative in the 
Fifty-fifth Congress of the United States for the First Congressional district of 
South Carolina by a majority of 2,174 votes over you, duly cast, counted, and can¬ 
vassed. 

William Elliott. 

Beaufort, S. C., January 12, 1897. 


TESTIMONY FOR CONTESTANT. 

Notices to take depositions. 

Hon. William Elliott, Contestee: 

You will please take notice that I intend to take depositions of Henry G. Perrin, 
Charles W. Freeman, Henry Noisette, R. W. Holloway, Sol. McKay, W. H. Gibhes, 
Jack R. Cuthbert, John Clark, R. W. Gibbes, George Collier, Pat Middleton, Joseph 
E. Hicks, W. B. Scriven, Frederick Nelson, W. F. Martin, Thomas Goff, T. H. Peace, 
John Robinson, Peter Mathews, Joshua Tension, Balton Moore, T. F. Bryant, C. S. 
Vanderhorst, and Ed. Jenkins, who are residents of the city and county of Charles¬ 
ton, in the State aforesaid, Friday, January 22, 1897, at the office of Edwards &, 
Sasportes, No. 110 Church street, in the city of Charleston, who will be examined 
before H. W. Purvis, a notary public in and for the county and State aforesaid, or 
some other officer duly authorized by the laws of the United States to take deposi¬ 
tions in contested election cases, as witnesses on my behalf in my contest of your 
pretended election as a Representative in the Fifty-fffth Congress of the United 
States from the First Congressional district of South Carolina, such examinations to 
be continued from day to day until completed. 

Dated at Charleston, S. C., January 18, 1897. 

J. B. Edwards, 

Attorney for G. JV. Murray, Contestant. 

I accept service this 18th January, 1897. 

Wm. Elliott. 

Hon William Elliott, Contestee: 

You will please take notice that I intend to take the depositions of Judge Alston, 
99 King street; Alex Singleton, 89 King street; W. C. Simmons, 2 Greehill street; 
Thomas Bennett, Barnards Lot (George street); C. C. Lodge, Bernards Lot (George 
street); George Brown, 8 America street; J. Jenkins, 8 Wragg street; Thadeous Smalls, 
35 Elizabeth street; Ben Smalls, 21 Elizabeth street, and James Smith, 9 Alway street, 
city of Charleston; Sami. M. Lance, 303 East Bay, Charleston, all of whom are residents 
of the State and county aforesaid, at the office of Edwards & Sasportes, No. 110 
Church street, in the city of Charleston, in the State and county aforesaid, on Wednes¬ 
day, the 27th day of January, 1897, at 10 o’clock a. m., who will be examined before 
H. W. Purvis, a notary public in and for the State of South Carolina, or some other 
officer duly authorized by the laws of the United States to take depositions in con¬ 
tested election cases, as witnesses on my behalf in my contest of your pretended 
election as a Representative in the Fifty-fifth Congress of the United States from the 
First Congressional district of South Carolina, such examinations to be continued 
from day to day until completed. 

Dated at Charleston, S. C., January 25, 1897. 

J. B. Edwards, 

Attorney for Geo. IV. Murray, Contestant. 

I accept service of within notice of depositions this 25th day of January, 1897. 

Jos. W. Barnwell. 

State of South Carolina, County of Charleston: 

Hon. William Elliott, Contestee: 

You will please take notice that I intend to take the depositions of A. McIn¬ 
tosh, Meeting Street Road; Henry Taylor, Cleckley Tenament, Meeting Street Road; 
Wm. Palmer, Meeting Street Road; T. B. Prioleau, 8 Lee street; James Robinson, 
453 King street; Henry Huger, Momier Range, Alexander street; Robert Richardson, 
corner America and Judith streets; Washington Mathews, 7 Cedar court; Richard 
Thompson, Thompson court, America street; Isaac Salters, 6 Nassau street; all of 
whom are residents of the State and county aforesaid, at the office of Edwards & 
Sasportes, No. 110 Church street, in the city of Charleston, in the aforesaid State 
and county, on Friday the 29th day of January, 1897, at 10 o’clock a. m., who will 
be examined before H. W. Purvis, a notary public in and for the State of South Caro¬ 
lina, or some other officer dulv authorized by the laws of the United States to take 

7 


8 


MURRAY VS. ELLIOTT. 


depositions in contested election cases, as witnesses on my behali, in my contest of 
your pretended election as a representative in tlie Fifty-fifth Congress of the United 
States from the First Congressional district of South Carolina; such examinations 
to be continued from day to day until completed. 

Dated at Charleston, S. C., January 28, 1897. 

J. B. Edwards, 

Attorney for Geo. TV. Murray, Contestant. 

I accept service of within notice of depositions, this 28th day of January, 1897. 

Jos. W. Barnwell, 
Counsel for Contestee. 

State of South Carolina, County of Charleston : 

Hon. William Elliott, contestee: 

You will please take notice that I intend to take the depositions of J. B. Burns, 
Ward 2, Jacob Johnson, Ward 3, Joseph Smith, Ward 3, I. D. Knight, Ward 10, R. 
Blunt, Ward 12, Moses Caulfield, Ward 5, N. Vonglahn, Ward 8, who are residents 
of the county and State aforesaid, at the office of Edwards & Sasporters, No. 110 
Church street, in the city of Charleston, in the county of Charleston, on Friday, the 
12th day of February, 1897, at 9.30 o’clock a. m., who will be examined before H. 
W. Purvis, a notary public in and for the State of South Carolina, or some other 
officer duly authorized by the laws of the United States to take depositions in con¬ 
tested election cases, as witnesses on my behalf in my contest of your pretended 
election as a Representative from the First Congressional district of South Carolina; 
such examinations to continue from day to day until completed. 

Dated at Charleston, S. C., February 10, 1897. 

Jno. B. Edwards, 

Attorney for Geo. TV. Murray , contestant. 

I accept service of within notice to take testimony the lOtli day of February, 1897. 

Jos. W. Barnwell, 

Counsel for contestee. 

State of South Carolina: 

In the matter of contest between George W. Murray, contestant, and William Elliott, 

contestee, for a seat in the Fifty-fifth Congress of the United States from the First 

Congressional district of South Carolina. 

At a hearing in the above-stated case at 110 Church street, city of Charleston, in 
the county of Charleston, in the State aforesaid, before H. W. Purvis, a notary public, 
on the 22d day of January, 1897, at which were present J. B. Edwards, esq., represent¬ 
ing contestant, and Joseph W. Barnwell, esq., representing contestee, the following 
witnesses, on the part of the contestant were examined, and. the said witnesses testi¬ 
fied as follows: 

W. T. MARTIN, a witness of legal age, produced by contestant, upon due notice 
to contestee, being duly sworn, deposes as follows: 

Q. Give your name, age, residence, and occupation.—A. W. T. Martin; age, 32 years; 
resides 26 Aiken street, city of Charleston; by occupation a plasterer. 

Q. How long have you been a resident of this city?—A. All of my life. 

Q. What ward do you live in ?—A. In Ward 9; have lived there for over nine years. 

Q. Are you a registered voter?—A. I am. 

Q. Where were you on election day, November 3 last?—A. I was at the Federal 
poll, first precinct, Ward 9. in Amherst street. 

Q. About what time of day did you get there?—A. Before 7 in the morning. 

Q. How long did you remain there?—A. I remained there all day until after the 
votes were counted and the poll closed. 

Q. Did you see the vote counted?—A. I did not. 

Q. Did you make an effort to see the vote counted?—A. I did, and I was told by one 
of the managers that he had strict orders not to allow anyone other than those inside 
to witness the count of the votes. 

Q. How many persons were on the inside at the counting of the votes?—A. About 
6, including the policeman. 

Q. Were all 6 of those persons officers of election on that day?—A. One was not 
an officer. 

Q. Did you see any persons offer to vote on that day whose votes were rejected?— 
A. I saw many. 

Q. About how many ?—A. I can not state accurately, but I know many made the 
attempt, but were refused. 

Q. Did any ot those who you saw make the attempt have registration certificates ?— 
A. No. 

Q. Did you hear the vote declared at that precinct?—A. I did not hear; I was told. 


MURRAY VS. ELLIOTT. 


9 


Cross-examined by Mr. Barnwell: 

Q. Did you vote there?—A. No, sir. 

Q. Where did you vote?—A. I voted at the Second precinct of Ward 9. 

Q. Did you have any difficulty in getting your registration certificate?—A. I had 
a very difficult section of the constitution to read. 

Q. Do you know what section it was?—A. I do not remember now. 

Q. You were asked to read the section you refered to, and asked for your poll-tax 
receipt and upon reading the section and producing the receipt you were given the 
registration certificate?—A. I was. 

Q. Did you have any difficulty in voting that day at the precinct which you voted 
at?—A. I did not. 

Q. It was known that you were a supporter of Candidate Murray, was it not?—A. 
To the managers of the Federal poll. 

Q. What poll?—A. At the Federal poll where I was stationed, First precinct, Ward 
9; I do not know it was known by the managers of the poll where I voted. 

Q. You were a public supporter of Candidate Murray, were you not?—A. I do not 
know it was known by everybody, as I made no great noise about it. 

Q. Yon were in no sense a supporter of Candidate Elliott?—A. I was not. 

Q. You are a Republican in politics, are you not?—A. When Republican candidates 
are up. 

Q. And Murray was a Republican candidate?—A. He was. 

Q. You are a colored man?— A. Yes, sir; a black man. 

Q. Have you ever held any position in the Republican party in any capacity in 
this or any other former election?—A. As clerk to take down the names of those 
who were rejected on election day. 

Q. At this election only?—A. At this election and others prior, also Congressional 
and Presidential. 

Q. You did this on behalf of the Republican candidate, did you not?—A. Yes. 

Q. You never held yourself out or told anybody that you were a supporter of 
Colonel Elliott, did you?—A. I did not. 

Q. Do you know who the commissioners of election were, who appointed the 
managers at the Federal poll?—A. I did not. 

Q. You don’t know Mr. Thayer, one of the tellers at the Bank of Charleston?—A. 
I don’t know him. 

Q. Did you see the commissioners of election come up to the polls during that day 
in a carriage?—A. I do not know the commissioners from anyone else. If they came 
I did not know them. 

Q. What was the vote cast at the poll where you attended during the day?—A. 
The managers said Elliott got 12(1 and Murray 39. 

Q. How many for Cohen?—A. They said two or three. * 

Q. Did you keep an account of how many voters went into the poll that day—the 
poll you were attending?—A. I did not, on account that I thought 1 would be allowed 
to witness the count of the vote. 

Q. Did you count how many voters were rejected?—A. I did. 

Q. How many were they ?—A. Over ninety. 

Q. Do you know how many colored men voted at that poll that day?—A. I do not 
kno’w accurately. 

Q. Come as near as you can.—A. I can not say positively. 

Q. Over twenty, you think?—A. I know there was more than that. 

Q. Over forty, you think?—A. I think so. 

Q. Over sixty?—A. I can not say. 

Q. You would say, then, between forty and sixty colored voters voted there, as 
near as you can place it?—A. I can not say. I can not say exactly, but I know was 
over forty. 

Q. What was the name of the manager who told you that you would not be allowed 
in the booth at the time of the count of the votes?—A. I believe his name is Mr. 
Semken. 

Q. Did you speak to the other managers on the subject of allowing you in, or only 
to Mr. Semken ?—A. I spoke generally to all the managers. 

Q. When Mr. Semken answered, could all the other managers hear him?—A. They 
could. 

Q. How far were you from the ballot box at the time of the counting?—A. Five 
or six feet. They had their backs turned to me, and I could not see through them. 

Q. How many boxes were there at the poll?—A. Two. 

Q. Could you see the boxes while they were counting?—A. I could not. 

Q. Were they seated at a table, or how were they seated during the counting?— 
A. I don’t know how they were seated; could not see. 

Q. Was the door opened of the polling place ?—A. The door was opened a little—on 
ajar; also, the policeman stood in front of me; also, the managers, who were counting 
the votes. 


10 


MURRAY VS. ELLIOTT. 


Q. Do you know the name of the policeman ?—A. I do not. 

Q. Do you know Mr. Semken?—A. Yes, sir; I do. 

Q. What is his occupation?—A. I don’t know his occupation. 

Q. Is Mr. Semken a respectable man?—A. I don’t know anything otherwise. 

Q. Did you, or not, see any publication in the News and Courier or any other paper, 
prior to the election, that the commissioners of Federal election would allow repre¬ 
sentatives of all candidates to witness the voting and counting?—A. I did not. 

W. T. Martin. 

Sworn to before me this 22d day of January, A. D. 1897. 

[seal.] H. W. Purvis, Notary Public. 

JOHN R. CUTHBERT, sworn: 

Examined by Mr. Edw ards : 

Q. Give your name, age, residence, aud occupation.—A. John R. Cuthbert; age, 
52; resides No. 1 Cedar court; occupation, drayman. 

Q. How long have you resided in Ward 7?—A. About live years. 

Q. Are you a registered voter of this district?—A. I am. 

Q. Where were you on election day, 3d of November last?—A. First precinct of 
Ward 7. 

Q. About what hour of the day did you get there?—A. Six o’clock in the morning. 

Q. How long did you remain there?—A. Until 7 that night. 

Q. Did you perform any duty at the poll that day?—A. I did. 

Q. What were you doing?—A. I was taking down the names of rejected voters. 

Q. How many voters w r ere rejected that day at that poll?—A. As near as my 
memory serves me, I think it was 89. 

Q. Did any of that number have registration certificates?—A. I think there was 
one. 

Q. What was his name?—A. I don’t remember now. 

Q. Did you make a memorandum of that at the time ?—A. I did. 

Q. Have you that memorandum with you?—A. I have not. 

Q. Were you present at the count of the votes at that poll?—A. I was present,but 
was not allowed in to see. 

Q. Did you make an effort to go in and witness the count?—A. I did. 

Q. How, then, do you say that you were not allowed to witness the count?—A. 
Because the managers would not allow me in. 

Adjourned at 6 p. m. January 23, 1897, to January 25, 1897. 

H. W. Purvis, Notary Public, [l. s.] 

Charleston, S. C., Jauuary 25, 1897. 

Pursuant to adjournment the taking of depositions was resumed, 110 Church 
street, Charleston, S. C., at 10 o’clock a. m., on above date, at which were present 
J. B. Edwards, esq., representing contestant, and Joseph W. Barnwell, esq., repre¬ 
senting contestee. 


JOHN R. CUTHBERT, who had been sworn, whose testimony had not been com¬ 
pleted at adjournment on the 23d, was resumed, who testifies as follows: 

Q. Have you that memorandum with you now?—A. No; I have not. 

Q. Did you visit the registration office during the time of the registration of voters 
for Charleston County during the year of 1896?—A. I did. 

Q. Did you witness the rejection of any parties who applied for registration at 
that office?—A. I did. 

Q. About how many?—A. Very large number of colored men. 

Q. Can you give me the names of any of those parties?—A. Few that I know per¬ 
sonally. 

Q. Name them.—A. Joseph E. Hicks, Sol. McKay, John Clark, and Thomas Stewart. 

Q. How many days did you attend the registration office?—A. Nearly the whole 
six weeks that it was open. 

Q. Was the office open every day during that six weeks?—A. Except Sundavs; as 
near as I can remember. 

Q. About what hour of the day was the office usually opened?—A. I think from 9 
to 4. 

Q. Why was it that you were there each day during that six weeks?—A. Was sent 
there by the Republican county executive committee. 

Q. Did you make any memorandum of the conduct of the registration?—A. I did 
not, but the notary did. 

Q. Who was that notary?—A. Mr. Doiley. 

Q. What was his first name, do you know?—A. I don’t remember it. 


MURRAY VS. ELLIOTT. 


11 


Cross-examination by Mr. Barnwell: 

Q. Did you register during the year 1896?—A. I did. 

Q. Did you vote?—A. I did. 

Q. Did you have any trouble about getting a registration certificate?—A. Me and 
the registration officer had some words before I got my registration certificate. 
After I read the section of the constitution he gave me he wanted me to give him an 
explanation of certain words embodied in the article. I told him that the constitu¬ 
tion did not say so—that I should read and explain both. He then gave me the reg¬ 
istration certificate. 

Q. Do you recollect the day you registered?—A. (He, “witness/ 7 produced his reg¬ 
istration certificate, which bore date the 24th day of April, 1896, and No. 111.) 

Q. You were among the first who registered, were you not?—A. I don’t think so. 

Q. Could you form any idea liow many people registered before you?—A. I could 
not. 

Q. Did you have any trouble in voting?—A. Not the least. 

Q. You were generally known to be a Republican at the time of the election and 
registration, were you not?—A. I was. 

Q. You had occupied this position of checker at former elections, have you not?— 
A. I never have; have been deputy marshal on behalf of the Republican party 
before at prior elections. 

Q. You testified in the last contest between Candidate Elliott and Candidate Mur¬ 
ray, did you not?—A. I did. 

Q. What was your position at that contest? Were you an agent or worker for 
Elliott or Murray?—A. For neither. 

Q. In whose interest were you working at that election—the prior one—the 
one in 1894?—A. The Republican candidate. 

Q. Who was he?—A. George W. Murray. 

Q. Were you active in his support at that election?—A. I am active in all Repub- 
licau candidates’ election; I voted for him; that was all I could do. 

Q. You are a colored man?—A. Yes, sir. 

Q. How many colored voters voted at precinct one, Ward 7, on the day of the 
last Federal election?—A. I can’t say; don't remember. 

Q. Many or few?—A. Many. 

Q. One hundred, or less or more? —A. I would say less. 

Q. As many as 50, or more or less?—A. I think more than 50. 

Q. How many white people voted there, do you know?—A. I do not know the 
amount, but do know it was very slim. 

Q. Did more white than colored vote at that poll?—A. I think more colored. 

Q. Did you keep a list of the colored voters who voted?—A. A list was kept, but 
I did not keep it. 

Q. Who kept it?—A. Man by the name of Jones. I think George Jones. 

Q. Did you kuow the managers at that poll?—A. I know one by name. Wade 
Hanrpton Smith. 

Q. Did all of the managers tell you that you could not witness the count, or which 
one?—A. I will have to explain. Mr. Smith was willing that I should come in and 
the board overruled him. 

Q. Do you know Mr. Smith well?—A. I do. 

Q. He is a gentleman of character, is he not?—A. I would not like to answer 
hat question. 

Q. You mean you decline to answer the question?—A. I do. 

Q. Did not the managers say they would let in a representative of Murray, if he 
was designated by Murray, or his committee ?—A. I must explain. They recognized 
me as the representative of Mr. Murray on the opening of the poll, and I claimed 
that they had a right to so construe it to the end. 

Q. What did they say?—A. They just said I shan’t come in. 

Q. They did not "say that if you were designated by Murray they would let you 
in?—A. They said no such a thing. 

Q. What did Mr. Smith say?—A. Mr. Smith said that they ought to let me in and 
one other of the managers said that Mr. Joseph W. Barnwell said no man must enter 
the booth but those managers and the persons who came to vote, and that I was 
there myself and Jack Cuthbert heard when Mr. Barnwell made use of the same. 

Q. Do you ever read the News and Courier?—A. I do. 

Q. Did you ever see a corresj>ondence published, just prior to the election, where 
Mr. Joseph W. Barnwell, in writing to D. A. Tomkins, chairman of the executive 
committee of the Democratic party, stated that the Federal commissioners, he under¬ 
stood, had intended to allow representatives of all candidates to witness what went 
on at the polls?—A. I have an idea of something similar to that. I will answer yes. 

Q. Is it not within your knowledge that Mr. Barnwell was endeavoring to obtain 
the presence of representatives of both factions at the State poll?—A. I think so; I 
say yes. 


12 


MURRAY YS. ELLIOTT. 


Q. ]jo you recollect Mr. Barnwell appearing at the polls on the morning of the 
electionf— A. Yes; two or three times. 

Q. Do you recollect his insisting that representatives of both factions at the State 
poll who "were named in writing by the representatives of their respective factions 
should be allowed to watch the proceedings ?—A. I say no. 

Q. Now, are you certain what you heard Mr. Barnwell say was not that no one 
but the managers and the clerk and those designated by the candidates or by their 
committees, he understood, was to be allowed within the polls?—A. There is a mis¬ 
apprehension. 1 did not say I heard you say so, but that the managers told me so. 

Q. You did not hear me say so?—A. Did not hear Mr. Barnwell say so, but the 
managers said I did hear him say so. 

Q. Do you know what manager said so?—A. I don’t know the manager’s name. 

Q. Do you know where Joseph E. Hicks resides?—A. I do; 33 Elizabeth street, 
and he resided there at the time of the registration. 

Q. Do yon know why he was refused registration?—A. No more than what he told 
me when he came out. 

Q. What did he tell you?—A. Said they told him he did not read to their satisfac¬ 
tion. 

Q. Do you know where Sol McKay resides, and where it was at the time of the 
registration?—A. No. 6 Wragg street. 

Q. What was the reason of his rejection?—A. I don’t know what it was. 

Q. John Clark, what was his residence and what the reason of his rejection if 
you know it?—A. I don’t know why he was rejected ; but he did live at No. 8 John 
street at the time of the registration. 

Q. Thomas Stewart. Do you know where he resides and what were the reasons 
for his rejection, if you know it?—A. I don't know his number; he stays in Ward 
11, up St. Phillip, near Bogond. I don’t know why he was rejected. 

Q. Do you work for anyone as drayman or own your own dray?—A. I am not 
working for anyone now. 

Q. When did you last work for anyone as drayman?—A. It has been a year since 
I drove dray. 

Q. What have you been doing since you stopped dray mg?—A. I have been work¬ 
ing on the new fort on Sullivan’s Island. 

Q. Who was the last person you drayed for?—A. C. Wilburn & Co., about a year 
ago. 

J. R. CUTHBERT. 

Sworn to beiore me this 25th day of January, A. D. 1897. 

[seal.] H. W. Purvis, Notary Public. 

T. F. BRYANT, sworn. 

Examined by Mr. Edwards: 

Q. Give your name, residence, age, and occupation.—A. T. F. Bryant; age 40 
years; residence 24 T; by occupation carpenter. 

Q. How long have you been a resident in the city of Charleston?—A. Eight years. 

Q. Are you a registered voter of this district?—A. Yes. 

Q. Where were you on the 3d day of November last, election day?—A. I was at 
the election in Ward 10, second precinct, Federal poll. 

Q. Did you vote on that day?—A. No, I did not. 

Q. Had you paid your poll tax?—A. Yes; I paid my poll tax and got a receipt. 

Q. What became of your poll-tax receipt?—A. It got misplaced. 

Q. Did you get a certificate from anyone showing that you had paid your poll 
tax?—A. Yes; I did, from the county treasurer from the fireproof building. 

Q. Did you get a registration certificate?—A. Y r es. 

Q. Did you have that certificate of the payment of your poll tax and your regis¬ 
tration certificate with you at the poll on the day of election when you offered to 
vote?—A. Yes. 

Q. Did you show them to the managers of election?—A. Yes; I did. 

Q. Still you say they refused to let you vote?—A. Yes. 

Q, (Counsel for contestant hands paper to witness and asks witness what the paper 
is.)—A. My registration certificate. 

The following is a copy of the paper: “ State of South Carolina, registration cer¬ 
tificate, No. 317. This is to certify that Fred Bryant is a registered "elector of the 
election district or county of Charleston; resides in 24 F street, township or par¬ 
ish or ward; is 40 years of age, and entitled to vote at second precinct, Ward 10, 

voting place in -polling precinct, if otherwise qualified, registered on the 3d 

day of October, 1896. W. J. Mott, L. E. Williams, members of the board of registra¬ 
tion of Charleston County.” Counsel for contestant hands witness another paper, 
and asks what it is.—A. Duplicate tax receipt. 

(Following is a copy of said paper: “Fred Bryan of 24 F street, paid on April 
29, his poll tax; 3 October, 1896. Clarence Cuningham, C. T.” ) 



MURRAY VS. ELLIOTT. 


13 


Q. Were you performing any duty on the day of election at that poll?—A. Yes. 

Q. What duty?—A. I was clerk for taking down the names of those who could 
not vote. 

Q. Did you see any person rejected from voting on that day?—A. Yes. 

Q. When a party was rejected, what did he do?—A. He came out and made an 
affidavit. 

Q. Who witnessed those affidavits?—A. I witnessed them myself. 

Q. Would you know one of those affidavits if it was shown to you?—A. \ r es. 

(Counsel for contestant produces a paper, hands to witness.) 

Q. What is that paper?—A. Affidavit. 

Q. Did you witness the signing of that paper?—A. Yes. 

Q. How many papers like the one shown you did you witness that day?—A. Forty- 
eight. 

(Counsel for contestant now offers paper above referred to in evidence, paper marked 
“ Exhibit A.”) 

Counsel for contestee objects to the admission in evidence of the above paper on 
the ground that it is not proved that it was executed in presence of managers at the 
polls, or known to them; and further, that is not the best evidence, inasmuch as 
the testimony of the voters, themselves, is the best evidence, and not their affidavit 
as to facts upon which the contestee has had no opportunity to cross-examine. 

Witness identifies forty-eight of the affidavits on blank No. 1, which purport to 
be signed by the following-named persons who can write their own names: A. McIn¬ 
tosh, Jos. Sanders, Christopher Owger, Thos. Washington, Jas. Gray, Jos. Cornish, 
Jas. Wilds, S. M. Gregory, I. B. Smalls, D. S. Procter, Davit Johnson, O. T. Daw¬ 
son, C. Mitchell, Auston Bradley, Sipio Collinton, Wm. Palmer, W. H. Johnson, Jno. 
W. Brown, Harkless Singleton, J. W. Brown, W. Davis, Benj. Hamelton, Hezikiah 
Stephens, W. J. Brighton, J. Washington, B. Sting, I. E. Logan, Phillip Wilson, 
Preston Smith, G. Nelson, Wm. W. Price, Stephen Edwards, Wade Trasvant, Elijah 
Barksdale, T. B. Proilean, H. H. Taylor, H. English, J. H. Green, B. C. Counts, 
Pickens Blocker, Pierce Peterson, Daniel Singleton, Benj. Williams, W. M. Carter, 
J. P. Grandison, A. White, S. A. Perine, J. Hooper, Robt. Jones.) 

Q. Counsel for contestant produces another paper and asks witness what that 
paper is.—A. Affidavit. 

Q. Did you witness that paper when signed?—A. Yes. 

Q. How many papers of that character did you witness on the day of election?— 
A. Eighty-one. 

(Counsel for contestant introduces paper last above referred to in evidence, the 
same being marked as “Exhibit B.” 

Counsel for contestee objects to the introduction of this paper on the following 
grounds: That it is not proved that it was not executed in presence of managers at 
the polls, or known to them; and further, that it is not the best evidence, inasmuch 
as the testimony of the voters themselves is the best evidence, and not the affi¬ 
davits as to facts upon which the contestee has had no opportunity to cross-examine. 

Witness identifies eighty-one affidavits on blank No. 2, which affidavits purport 
to have been executed by voters who sign by their mark.) 

Cross-examined by W. T. Logan : 

Q. You say that you are a registered voter. Did you have any trouble to get your 
registration certificate?—A. I had no trouble to get my registration certificate. 

Q. Are you a Republican?—A. Yes. 

Q. Have you ever occupied any other position in the Republican party?—A. Yes. 

Q. It was known here that you were a Republican, was it not?—A. Yes. 

Q. Are you a colored man?—A. Y r es. 

Q. Where was the poll located which you offered to vote?—A. At the corner of 
Meeting and Line streets. 

Q. Who were the managers at that poll?—A. Frank Lites was one; I don’t know 
the others. 

Q. Do you know where he lives?—A. I don’t know where he lives, but he is a 
brakeman on the South Carolina Railroad. 

Q. You say you don’t know who the other managers were?—A. No. 

Q. You say you were not allowed to vote at that poll?—A. No. 

Q. Who refused to allow you to vote?—A. I handed my registration certificate to 
Mr. Lites and he said my tax receipt was not legal. 

Q. He’d not make any objections to your registration certificate?—A. No. 

Q. When you went to vote did you hand the managers a regular poll-tax receipt?— 
A. No. 

Q. And that was the grounds he refused to allow you to vote on?—A. Yes. 

Q. Did you make any other attempt to vote on that day?—A. Yes; I made a second 
attempt. 

Q. At that same poll?—A. Yes. 

Q. Would they let you vote that time?—A. No. 


14 


MURRAY VS. ELLIOTT. 


Q. Why were you refused?—A. On account of I not producing my poll-tax receipt. 

Q. Did you speak to any other managers besides Mr. Lites?—A. No. 

Q. You did not ask any other manager to let you vote besides Mr. Lites ?—A. No. 

Q. Were there any men who were refused to vote by the managers on that day?— 
A. Yes. 

Q. Did any of those persons have their registration certificates?—A. No. 

Q. Howmany of them showed you their tax receipts?—A. Onehundredand thirty- 
nine. 

Q. None of those had registration certificates, had they?—A. No. 

Q. Did you see them count the ballots that night?—A. I was there until they got 
through counting. 

Q. Did you see them count the ballots?—A. No. 

Q. The managers did not refuse to allow you to witness the counting, did they?— 
A. No; there was so many people crowding the door that I did not make any 
attempt. 

Q. Those persons were crowding to see the counting, were they not?—A. Yes; I 
suppose that was their intention. 

Q. Was any colored men in that crowd?—A. One or two. 

T. F. Bryant. 

Sworn to before me this 25th day of January, A. D. 1897. 

[seal.] Soloman M. Brown, Notary Public. 


Exhibit A. 


INFORMATION. 


The steering committee, working under the authority of the citizens’ committee, 
would ask the careful attention of ward presidents and campaign workers to the 
following points of information: 

First. Ward presidents will be charged, as is customary, with the distribution of 
county tickets. Tickets will be furnished to them at such time and place as may be 
determined later. 

Second. Ward presidents should be careful to distribute the tickets among the 
precinct chairmen, in proportion to the number of votes usually cast at the polling 
place. 

Third. Ward presidents are requested to select good men at the polls to place 
tickets in the hands of voters; to get voters to the polls and to see that they are pro¬ 
vided with the citizens’ ticket. 

Fourth. Voters should be told to tarry their tax receipt along with registration 
tickets; otherwise they will not be allowed to vote. 

Fifth. Only registered voters should be allowed to participate in ward meetings. 

Sixth. Ward presidents are earnestly requested to give above information wide 
circulation. 

By order, 

Steering Committee. 


Blank No. 1. 


State of South Carolina, - County: 

This certifies that the undersigned, being over the age 21, male resident of the 
voting precinct 2, of Ward 10, and legally qualified to register and vote therein, did, 
on this, the 3d day of November, 1896, present himself at the said voting precinct to 
vote for Geo. W. Murray, the Republican candidate for Congress in the First district 
of said State, desiring and intending to vote for the sajd Geo. W. Murray, and, upon 
his attempting to so vote, was denied the right to so vote, and his vote thus offered 
to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and he further states that if he had been permitted to register and to vote 
at said election he would have voted for Geo. W. Murray, the Republican candidate 
for Congress in said district. 

And the undersigned further states that he is qualified, even under the present 
constitution, as he can read and write, as evidenced by the fact that he signs this in 
his own handwriting. 

T. F. Bryant. 

Witnesses: 

Abram Lenoid, 

G. Mitchell. 


Personally appeared T. F. Bryant, and made oath that the above statement is 
correct. 

[seal.] Solomon M. Brown, Notary Public. 

Charleston, S. C., November 3, 1896. 



MURRAY VS. ELLIOTT. 


15 


State of South Carolina, County of Charleston, ss: 

Personally appeared before me a notary public in and for the county and State 
aforesaid authorized to fuiminister oaths, T. F. Bryant, who says that in addition to 
to the above statement that he has complied with laws of the State of South Caro¬ 
lina, and having paid his poll tax and secured his registration certificate and applied 
at the polls to vote but was rejected on account of his tax receipt not being on a 
proper blank. He having made application for a certificate of tax being paid he gave 
me a receipt on a piece of paper, signing his name to the same. The above statement, 
in addition, was made on the 3d day of November, 1896, at Charleston, S. C. 

T. F. Bryant. 

Sworn to before me this 3d of November, A. D. 1896. 

[seal.] Solomon M. Brown, Notary Public. 

Blank No. 1. 

State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age 21, male resident of the 
voting precinct 2 of Ward 10, and legally qualified to register and vote therein, did, 
on this, the 3d day of November, 1896, present himself at the said voting precinct to 
vote for Geo. W. Murray, the Republican candidate for Congress in the First district 
of said State, desiring and intending to vote for the said Geo. W. Murray, and, upon 
his attempting to so vote, was denied the right to so vote, and his vote thus offered 
to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration, under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and he further states that if he had been permitted to register and to vote 
at said election, he would have voted for Geo. W. Murray, the Republican candidate 
for Congress in said district. 

And the undersigned further states that he is qualified, even under the present con¬ 
stitution, as he can read and write, as evidenced by the fact that he signs this in his 
own handwriting. 

Bethel Moore. 

Witnesses: 

T. F. Bryant, 

Abram Lknoid. 

Personally appeared Bethel Moore and made oath that the above statement is 
correct. 

[seal.] Solomon M. Brown, Notary Public. 

Charleston, S. C., November 3, 1896. *> 

State of South Carolina, County of Charleston: 

Personally appeared before me, a notary public in and for the State and county 
aforesaid, duly authorized to administer oaths, Bethel Moore, who says that in addi¬ 
tion to the above statement, that he has complied with the law, having paid his poll 
tax and secured his registration certificate, and applied to vote on the 3d day of 
November, 1896, and was refused, on account of the name on the certificate did not 
correspond, there being only a difference in one letter in the name, after the clerk of 
the board of commissioners acknowledging that they meant the same, having written 
the name from the receipt. The above additional statement was made to the officer 
on the 3d day of November, A. D. 1896, at Charleston, S. C. 

Bethel Moore. 

Sworn to before me this 3d day of November, A. D. 1896. 

[SEAL.] Solomon M. Brown, 

Notary Public, South Carolina. 

Exhibit A. 

Blank No. 1. 

State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age 21, male resident of the 
voting precinct 2, of Ward 10, and legally qualified to register and vote therein, 
did, on this, the 3d day of November, 1896, present himself at the said voting pre¬ 
cinct to vote for George W. Murray, the Republican candidate for Congress in the 
First district of said State, desiring and intending to vote for the said George 
W. Murray, and upon his attempting to so vote, was denied the right to so vote, and 
his vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 



16 


MURRAY VS. ELLIOTV. 


required by statute, he had applied for registration, under the laws of South Caro - 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and he further states that if he had been permitted to register and to 
vote at said election, he would have voted for George W. Murray, the Republican 
candidate for Congress in said district. 

And the undersigned further states that he is qualified even under the present con- 
stitution, as he can read and write, as evidenced by the fact that he signs this in 
his own handwriting. 

A. McIntosh. 

Witnesses: 

T. F. Bryant. 

Abram Lenoid. 

Personally appeared A. McIntosh and made oath that the above statement is cor¬ 
rect. 

[seal.] Solomon M. Brown, Notary Public. 

Charleston, S. C., November 3,1896. 

[Forty-eight affidavits same as above, signed and witnessed, filed with this exhibit.] 

Exhibit B. 


Blank No. 2. 

State of South Carolina, Charleston County: 

This certifies that the undersigned, beiug over the age of 21, male resident of the 
voting precinct 2 of Ward 10, and legally qualified to register and vote therein, did, 
on this the 3d day of November, 1890, present himself at the said voting precinct to 
vote for Geo. W. Murray, the Republican candidate for Cougress in the First district 
of said State, desiring and intending to vote for the said Geo. W. Murray, and, upon 
his attempting to so vote, was denied the right to so vote, and his vote thus offered 
to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the la ws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register, and further states that if he had been permitted to register and to vote 
at said election he would have voted for the said Geo. W. Murray, the Republican 
candidate for Cougress in said district. 

Edward (his x mark) Johnson. 

Witnesses: 

T. F. Bryant. 

Abram Lenoid. 

Personally appeared Edward Johnson and made oath that the above statement is 
correct. 

[seal.] Solomon M. Brown, Notary Public. 

Charleston, S. C., November 5, 1896. 

[Eighty-one affidavits same as above, signed and witnessed, filed with this exhibit.] 


W. B. SCRIVEN, sworn: 

By Mr. Edwards : 

Q. Give your name, age, residence, and occupation.—A. W. B. Scriven; 47 years; 
360 Meeting street; Avharf builder by occupation. 

Q. How long have you been a resident of the city of Charleston?—A. Since 1877. 

Q. Are you a registered voter?—A. No. 

Q. Why are you not a registered voter?—A. They refused me because I had not 
paid my poll tax. 

Q. Did you pay your poll tax?—A. No. 

Q. Were you at any of the polls on election day?—A. Yes; Ward 7, second pre¬ 
cinct. 

Q. How do you know it was the second precinct?—A. Because I remember now 
where the precincts connect. 

Q. What were you doing at the polls on that day?—A. Writing out blanks of 
voters who were refused to vote. 

Q. Would you know one of those blanks if you were shown it?—A. Yes. 

Q. Did you witness that paper?—A. Yes. 

Q. What is that paper?—A. Affidavit. 



MURRAY YS. ELLIOTT. 17 

Q. How many affidavits of this character did you_witness on day of election?— 
A. Twenty-one blank form No. 1. 

(Counsel for contestant introduces in evidence paper referred to in affidavit on 
blank form No. 1 and marked ‘‘Exhibit C.” 

Counsel for contestee objects to the introduction of this paper on the same grounds 
of objection as those offered to similar papers marked “Exhibits A and B.”) 

Q. What is this paper?—A. Affidavit. 

Q. How many papers of this character you witnessed on day of election?—A. 
Forty-nine. 

(Counsel for contestant introduces in evidence paper last above referred to as an 
affidavit marked “Exhibit D.” 

Counsel for contestee objects to the introduction of this paper on the same grounds 
as those offered similar exhibits marked “A, B, and C.”) 

Q. What is that?—A. Affidavit. 

(Counsel for contestant hands witness paper purporting to be an affidavit by J. E. 
Hicks and asks witness if he saw the same signed.) 

A. Yes. 

Cross-examination: 

Q. Who refused you a registration certificate?—A. Mr. Williams and Mr. Lofton. 
Q. They refused you because you did not pay your poll tax?—A. Yes. 

Q. How many times did you try to get your certificate?—A. Twice. 

Q. Y'ou had not paid your poll taxon neither of these occasions, had you?—A. No. 
Q. Didn’t you know that you could not register without you had paid your poll 
tax?—A. I did not know that. 

Q. When you went there the second time, did you know then?—A. Yes; but I did 
not have it then. 

Q. Did you make any attempt to vote on the day of election?—A. Yes. 

Q. Where did you go to vote?—A. Second precinct, Ward 7. 

Q. They refused to allow you to vote there?—A. Y'es. 

Q. Because you did not have a registration certificate?—A. Y'es. 

Q. Y'ou knew before you went to vote they were not going to let you vote?—A. 
Pretty certain. 

Q. Who were the managers at that poll?—A. I don't know. 

Q. Did you make application to only one manager and that time and place?—A. 
Only that one place, time, and manager. 

Q. What was your duty on that day?—A. I was a checker. 

Q. Y'ou were there in interest of the Republican party, were you not?—A. Y'es. 

Q. As checker you took down the names of those who could not vote?—A. Y'es. 

Q. Did any of those who was refused to vote have their certificates?—A. No. 

Q. Did you witness the count that night?—A. No, they would not let me in. 

Q. Was you there as a representative of the Republican party?—A. Y'es, a regular 
appointed representative. 

Q. Was that appointment in writing?—A. Yes. 

Q. Who was it signed by?—A. J. E. Hicks. 

Q. Did you make any attempt to see the counting of the votes?—A. Y'es. 

Q. Did you hand that written appointment to the managers when you attempted 
to watch the counting of the votes?—A. No. 

Q. Who was it that said you could not witness the counting of the votes?—A. 
Must have been the manager. 

Q. Y'ou would not swear that he was one of the managers?—A. Yes, I would. 

Q. How could you swear that he was one of the managers?—A. Because he was 
the same man in there in the morning and was there when the polls closed. 

Q. The managers were the only ones who saw the counting?—A. Y'es. 

Q. You are a colored man?—A. Y'es. 

Redirect examination: 

Q. How many persons were in the booth?—A. Three men. 

Q. Did you know either of those three men?—A. No. 

YY r . B. Scriven. 

Sworn to before me this 25th day of January, A. D. 1897. 

[seal.] Solomon M. Brown, Notary Public. 

Exhibit C. 

Blank No. 1. 

State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age 21, male, resident of the vot¬ 
ing precinct second, of YVard 7^ and legally qualified to register and vote therein, 

17745 - 2 




18 


MURRAY VS. ELLIOTT. 


did, on this the 3d day of November, 1896, present himself at the said voting- pre¬ 
cinct to vote for George W. Murray, the Republican candidate for Congress in the 
First district of said State, desiring and intending to vote for the said George W. 
Murray, and upon his attempting to so vote, was denied the right to so vote, and his 
vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and he further states that if he had been permitted to register and to 
vote at said election, he would have voted for George YV. Murray, the Republican 
candidate for Congress in said district. 

And the undersigned further states that he is qualified even under the present con¬ 
stitution, as he can read and write, as evidenced by the fact that he signs this in his 
own handwriting. 

.Jacob Heywood. 

Witnesses: 

John Clark. 

W. B. Scriven. 

Personally appeared Jacob Heywood and made oath that the above statement is 
correct. 

[seal.] H. W. Purvis, Notary Public. 

Charleston, S. C., December 10, 1896. 

[Twenty affidavits same as above, signed and witnessed, filed with this exhibit.] 

Exhibit D. 

Blank No. 2, 

State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct 2 of Ward 7, and legally qualified to register and vote therein, did, 
od this the 3d day of November, 1896, present himself at the said voting precinct to 
vote for Geo. W. Murray, the Republican candidate for Congress in the First district 
of said State, desiring and intending to vote for the said Geo. W. Murray, and, upon 
his attempting to so vote, was denied the right to so vote, and his vote thus offered 
to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register, and further states that if he had been permitted to register and to vote 
at said election, he would have voted for the said Geo. W. Murray, the Republican 
candidate for Congress in said district. 

Jas. McClellan. 

Witnesses: 

John Clark. 

W. B. Scriven. 

Personally appeared Jas. McClellan and made oath that the above statement is 
correct. 

[seal.] „ H. W. Purvis, Notary Public. 

Charleston, S. C., December 10, 1896. 

[Forty-nine affidavits same as above, signed and witnessed, filed with this exhibit.] 

The taking of deposition is, at 4 o'clock p. in., adjourned until 10 o’clock a. in., 
January 26, 1897. 

Charleston, S. C., January 26, 1897. 

Pursuant to adjournment the taking of depositions is resumed at 10 o’clock a. m. 
this day, at 110 Church street, when the following witnesses were examined on behalf 
of the contestant. 

Present: J. B. Edwards, esq., representing contestant; W. T. Logan, esq., repre¬ 
senting contestee. 

J. E. HICKS, sworn: 

Q. Give your name, age, residence and occupation.—A. J. E. Hicks; 41 years; 33 
Elizabeth street; shoemaker by occupation. 

Q. Are you a registered voter of this district?—A. I am not. 


MURRAY VS. ELLIOTT. 19 

Q. How long have you been a resident of the city of Charleston ?—A. Since 1866. 

Q. Can jqu read?—A. A little. 

Q. Can you write?—A. Can write my name. 

Q. You say you can read a little and write enough to write yonr name and most 
anyone else’s; did you pay your poll tax?—A. I did. 

Q. Did you make an effort to register?—A. I did. 

Q. How was it you failed to get registered?—A. After I paid my poll tax I went 
into the registration office to be registered, and when they handed me the book and 
I started to read the supervisor of registration said “You can’t read.” 

Q. [Counsel lor contestant hands witness a paper, and asks if he have ever seen that 
paper before.]—A. T have; it’s a poll tax receipt of J. E. Hicks; mine. 

Counsel for contestant introduced in evidence the paper above referred to, a copy 
of which is as follows: 

No. 982. Charleston County, S. C., 15th Jan., 1896. Received from J. E. Hicks 
one y 0 5 0 - dollars for poll tax due for fiscal year commencing November 1, 1894. 


Poll tax. $1. 00 

15 per cent penalty. 15 

Total. $ 1.15 


Clarence Cunningham, County Treasurer. 

(Counsel for contestee objects to the introduction in evidence of this copy on the 
ground that the receipt itself is the best evidence for the payment of poll tax.) 

Q. [Counsel for contestant hands witness a paper and asks if he has ever seen that 
paper.]—A. I have; it is a blank I made out on the day of election; it has my sig¬ 
nature attached; the signature is in my handwriting. 

(Counsel for contestant offers the paper in evidence, the same being marked 
as Exhibit E. 

Counsel for contestee objects to the introduction of this paper on the same grounds 
as those offered to similar exhibits marked “A, B, and C.”) 

Q. Where were you on election day, 3d of November last?—A. I was at the second 
precinct of Ward 7. 

Q. About what hoar did you go there?—A. I went there about half-past 6. 

Q. How long did you remain there?—A. I was there all day. 

Q. Did you witness the rejections of any voters that day?—A. I did; several. 

Q. Did any of the parties who you saw rejected have registration certificates or 
poll-tax receipts?—A. They had poll-tax receipts. 

Q. About how many persons did you see rejected who had poll-tax receipts?—A. 
As near as I can remember, about eight. ~ 

Cross-examination: 

Q. When did you go to the registration office?—A. 1 went there in March to try 
and register. 

Q. They rejected you because you could not read?—A. I could not read to suit 
them. 

(Counsel for contestee hands witness a copy of constitution of 1895, and asks him 
to read a section from, which was section 9, article 5, judicial department. 

Witness renders section as follows: 

“The just of the subsequent county and judge of confidence the shall each receive 
compension of their service and justice.” 

Counsel for contestee asks witness to read section 19 of the new constitution, 
article 5.) 

Witness renders as follows : 

“ The court of probate shall remove as now as published in the county Charleston 
in all other county of the State the judicial in all matters statements and of admin¬ 
ister in.”) 

Q. Did you make an attempt to vote on election day ?—A. I did. 

Q. You were refused on account of having no registration certificate?—A. Yes. 

Q. Who were the managers of that poll?—A. I don’t know any of them. 

Q. You hold any position in the Republican party?—A. I was a rallier at the polls. 

Q. You did not give anyone an appointment in writing to show that he was 
appointed as a representative of the Republican party, and as such to be allowed 
to witness the count of ballots?—A. No. 

Q. Yesterday a witness, W. B. Scriven, testified that you had given him such an 
appointment. That was a mistake, was it not?—A. I gave him an appointment, but 
not in that way. 

Q. He was mistaken about having been appointed to see the count?—A. Yes. 

Q. Did any of those men who you saw rejected or not allowed to vote have regis¬ 
tration certificates?—A. No. 






20 


MURRAY VS. ELLIoTT. 


Q. How many men did you see rejected?—A. About 25 or 30. 

Q. None of those had registration certificates?—A. No. 

Q. None of those who had poll-tax receipts and registration certificates who were 
not allowed to vote?—A. None. 

Q. Did you only apply to one manager to allow you to vote?—A. One got up to 
swear me and another asked me for my registration certificate. I told him I did not 
have any, and they refused to let me vote. 

Q. Did you witness the count of the ballots that night?—A. I was there until the 
polls closed. 

Q. Did you see them counting the ballots?—A. I saw them in the room. 

Q. Were they counting in the room?—A. I saw them counting, but who they was 
I don’t know. 

Q. Was any colored men there besides yourself?—A. There was white and colored. 

Q. You say you are a shoemaker?—A. Y r es. 

Q. Where was this poll?—A. It was located on Meeting street two doors from 
John street. 

Q. The only thing you had to do with the paper marked “ Exhibit E ” was to put 
your name to it?—A. Yes. 

Q. Was it read over to you?—A. No; I read it myself. 

Redirect: 

Q. What kind of an appointment was it that you gave Scriven?—A. I gave him 
an appointment of a clerk for that day. 

Q. Who was the precinct chairman of your precinct?—A. I am precinct chairman. 

Q. As clerk for the day what was Scriven expected to do?—A. He was to take 
charge of the blanks and all persons who was objected make out a blank. 

J. E. Hicks. 

Sworn to before me this 26th day of January, A. D. 1897. 

[seal.] Solomon M. Brown, Notary Public. 

Exhibit E. 

Blank No. 1. 

State of South Carolina, Charleston Coxiniy : 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct second of Ward?, and legally qualified to register and vote therein, 
did on this the 3d day of November, 1896, jiresent himself at the said voting pre¬ 
cinct to vote for Geo. W. Murray, the Republican candidate for Congress in the First 
district of said State, desiring and intending to vote for the said Geo. W. Murray, 
and, upon his attempting to so vote was denied the right to so vote and his vote 
thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration, under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and he further states that if he had been permitted to register and to 
vote at said election he would have voted for Geo. W. Murray, the Republican can¬ 
didate for Congress in said district. 

And the undersigned further states that he is qualified even under the present con¬ 
stitution, as he can read and write, as evidenced by the fact that he signs this in his 
own handwriting. 

J. E. Hicks. 

Witnesses: 

S. W. Berry. 

W. B. Scriven. 

Personally appeared J. E. Hicks and made oath that the aboves tatement is correct. 

[seal.] H. W. Purvis, Notary Public . 

Charleston, S. C., December 10, 1896. 

R. W. HOLLOWAY, sworn: 

Examined by J. B. Edwards, counsel for contestant: 

Q. Give your name, age, residence, and occupation.—A. William Riley Holloway; 
age 31 years; reside at 18 Liberty street; occupation, barber. 

Q. How long have you been a resident of the city of Charleston?—A. Thirteen 
years. 

Q. Are you a registered voter of this district?—A. Yes. 

Q. Where were you on election day, 3d of November last?—A. Ward 6; part of 
the time at the first and part at second precinct. 


MURRAY VS. ELLIOTT. 21 

Q. Did you witness the rejection of any party that day who offered to vote?—A. Yes. 

Q- About how many persons did you see that was rejected?—A. Fifty or sixty. 

Q. Did any of the persons whom you saw rejected have registration certificates?— 
A. No. 

Q. Did any of them have poll-tax receipts?—A. Yes. 

Q. About liow many?—A. Five or six. 

Q. During' the registration of 1896 did you have an occasion to visit the registra¬ 
tion office?—A. Yes. 

Q. Did you see any persons who made application to register rejected?—A. Yes. 

Q. About how many?—A.. About 15 or 20. 

Q. Did any of these have poll-tax receipts?—A. Yes. 

Q. About how many had poll-tax receipts?—A. Fifteen or twenty. 

Q. [Counsel tor contestant hands witness a batch of papers and asks what are 
they.]—A. These are certificates that we made out at the polls. I witnessed the 
signing of these papers. There are 25. 

(Counsel tor contestant offers the last 25 blanks referred to in evidence, the same 
being marked “Exhibit F.” 

Counsel for contestee objects to introduction ot this, upon the same ground as those 
offered to similar papers marked “Exhibits A, B, C, and D,” it being understood this 
objection is made not only to the single papers on which the words marked “Exhibits 
A, B, C, D, E, and F,” but to all others of those papers of a like tenor.) 

Counsel for contestee, W. T. Logan, Esq.: 

Q. Did you have any difficulty in getting registered?—A. No. 

Q. Nobody who could read and write had any difficulty to register, did they?—A. 
Yes. 

Q. What were the names of those? Did you see any?—A. James McCall. 

Q. Had he paid his poll tax?—A. Yes. 

Q. On what grounds did the supervisor refuse him registration ?—A. He could not 
read to suit them. 

Q. Were you present in the room when he was asked to read?—A. I was. 

Q. Did you see any other besides him?—A. No. 

Q. Did you have any difficulty in voting yourself?—A. No. 

Q. Where did you vote?—A. Precinct 1, Ward 6. 

Q. Where was that poll located?—A. George street, No. 75, between Glebe and 
Coming. 

Q. Did you know any of the managers there?—A. Can’t remember the names. 

Q. You testify that you have witnessed the signing of the blanks from No. 2. Did 
any of those persons read the blanks over to you, or did they just sign them?—A. 
Just signed. 

Q. Did they read them over to you?—A. No; I read it to them. 

Q. None of those men you saw rejected that day had registration certificates?— 
A. No. 

Q. Did you hold any position in the Republican party?—A. Ward chairman. 

Q. You are a colored man?—A. Yes. 

Q. Did you witness the counting of the ballots that night?—A. I did. 

Q. Were any colored men there besides yourself?—A. At a distance. 

Q. You said you both registered and voted without any difficulty?—A. I did. 

Q. Did you have any trouble in watching the counting?—A. A little. 

R. W. Holloway. 

Sworn to before me this 26th day of January, A. D. 1897. 

[seal.] Solomon M. Brown, Notary Public. 

Exhibit F. 

Blank No. 2. 

State of South Carolina, Charleston County. 

'This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct second of Ward Six, and legally qualified to register and vote 
therein, did, on this the 3d day of November, 1896, present himself at the said vot¬ 
ing precinct to vote for George W. Murray, the Republican candidate for Congress 
in the First district of said State, desiring and intending to vote for the Said George 
W. Murray, and, upon his attempting to so vote, was denied the right to so vote, 
and his vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, ho had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register ; and further states that if he had been permitted to register and to vote 


22 


MURRAY YS. ELLIOTT. 


at said election lie would have voted for the said George W. Murray, the Republican 
candidate for Congress in said district. 

D. (his x mark) Washington. 

Witnesses: 

E. D. Jones. 

R. W. Holloway. 

Personally appeared D. Washington and made oath that the above statement is 
correct. 

11. W. Purvis, Notary Public. 

Charleston, S. C., January 21, 1S97. 

[Forty-nine affidavits same as above, signed and witnessed, were filed as this 
exhibit, 25 of which were witnessed by R. W. Holloway.] 

Adjourned at 5 o’clock p. m. to meet Thursday, January 28, 1897. 

Charleston, S. C., January 28, 1897. 

Pursuant to adjournment, the taking of depositions resumed this day at 110 
Church street at 10 o’clock a. m. 

Present: J. B. Edwards, esq., representing contestant, and W. T. Logan, esq., 
representing contestee. 

C. S. VANDERHORST, being duly sworn, testified as follows: 

Examined by J. B. Edwards, Esq., counsel for contestant: 

Q. Give name, age, residence, and occupation.—A. C. S. Vanderhorst; age, 35; 
resides 173 Coming street, and painter by occupation. 

Q. How long have you been a resident of the city of Charleston?—A. All my life. 

Q. Are you a registered voter of this district?—A. Yes. 

Q. Where were vou on election dav, 3d of November last?—A. First precinct, 
Ward 11. 

Q. Did you witness the rejection of any voters that day who offered to vote?—A. 
1 did. 

Q. About how many ?—A. Over a hundred. 

Q. Did any of those who you saw have registration certificates?—A. Not with 
certificates I seen. 

Q. Did you remain at the poll until the votes were canvassed?—A. I remained 
until the number of votes was announced. 

Q. Did you see the votes canvassed?—A. I did not. 

Q. Why?—A. Prevented by the managers, saying that they had no authority to 
admit citizens to witness the count. 

Q. Do you know the names of any of the managers?—A. I do not remember the 
names. 

Q. Where about in the polling booth were the votes counted?—A. In the piazza 
of Mr. Bosh’s store. 

Q. Who was in the piazza?—A. Three white men. 

Q. Do you know who they were?—A. Managers, supposed to be. 

Q. How near were you to the piazza?—A. In the doorway; one foot on the sill, 
the other on the outside. 

v Q. From where you were could you see the canvass of the votes sufficient to tell 
one vote from the other?—A. I could not. The position of the box was of such that 
the managers did not exhibit the tickets clear. They had a candle light, and they 
would turn the tickets as they took them out of the box behind the box to announce 
the name. The light at several times had to be relighted, the wind blowing it out, 
and once or twice they had to be furnished with matches from the outside. At 
the second time the match being furnished some white man said he come to take 
the returns in behalf of Cohen, and was admitted to see the count and did take the 
same, writing on the top of the box in which the Presidential votes was cast. 

Q. Did any one ask to be allowed in to witness the count in the interest of Mur¬ 
ray?—A. They did; I asked. 

Q. What reply did the managers make to your request?—A. They said they could 
not admit me because they had no authority to do it. I then asked pertaining to 
the white men, and was ordered hush by the manager from behind the box. 

Q. Do you know the name of the manager?—A. I do not positively know his 
name—I have heard his name called Pitete. 

Q. What precinct was that?—A. First precinct, Ward 11. 

Q Did you witness any of the registration during 1896?—A. I were at the regis¬ 
tration office several days, and I saw several men come out and said they rejected 
them. 

Q. Did any of the men whom you saw rejected at the registration office have poll- 
tax receipts?—A. Some 1 saw had them. 


MURRAY VS. ELLIOTT. 


23 


Q. About bow many ?—A. Four or five at that day. 

Q. From the place where you were could you see inside of the registration office?— 
A. I could not. 

Cross-examined by W. T. Logan, counsel for contestee: 

Q. Did you hold any position in the Republican party ?—A. Yes; I am ward chair¬ 
man of Ward 11. 

Q. You are known in Charleston as a Republican, are you not?—A. Yes. 

Q. You had no difficulty to register, did you?—A. I had no difficulty io register. 

Q. You did not see any men who could read and write who was rejected who had 
their poll-tax receipts?—A. I did. 

Q. What was the names of those who was rejected?—A. One by the name of Cald¬ 
well, lives No. 3 Marion street; another, A.Lathan; another, P. Slierdan. 

Q. Neither white men nor black men could see into the registration office?—A. 
Not that I know of. 

Q. Where was the poll located at that you voted at?—A. Corner of Morris and 
Coming streets. 

Q. You did not see any men that day rejected who had registration certificates?— 
A. No. 

Q. Cohen was one of the Republican candidates for Congress?—A. Yes. 

Q. The managers made no attempt to conceal the counting of the ballots, did 
they?—A. I think it was more through a private form. 

Q. When you applied to see the count did you have any thing at all to show that 
you represent Murray?—A. I simply mentioned to the manager that I was chairman 
of the ward and desired to witness the count in behalf of Geo. W. Murray. 

Q. The only man who saw the counting, then, outside of the managers, repre¬ 
sented a Republican candidate?—A. Was this white man who represented Cohen? 

Q. Cohen’s name was voted that day as a Republican candidate for Congress?—A. 
Not to my knowledge, that I knew that he was a Republican candidate for Con¬ 
gress. 

Q. You saw Cohen tickets at the polls on election day?—A. 1 saw some in the 
hands of one or two men. 

Q. Did you hear the votes announced that day ?—A. I heard the managers announce 
the Congressional votes. 

Q. You remember approximately how many it was?—A. About 116 or 118 for 
Elliott and about 56 or 60 for Murray; after that announcement I turned sideways 
to the door. 

Q. Were they any colored men there watching the count besides yourself?—A. 
There was several on the outside of the booth. 

Q. Did you know of anybody who applied to the managers to„ see the count as a 
duly appointed representative of G. W. Murray in writing who was refused?—A. I 
do not know of no man with written authority. 

Redirect by J. B. Edwards: 

Q. Did the white man who you say made the request to be allowed to witness the 
count on behalf of Cohen produce any paper to the managers showing that he was 
the duly appointed representative of Cohen?—A. He did not. 

Q. And yet you say that he was allowed to go into the polls and witness the 
count?—A. He was allowed to witness the count. 

Q. Had you asked to witness the count before this person to whom you referred?— 
A. I had asked about ten minutes before the managers named the hour 6 o’clock. 

Q. Morning or afternoon?—A. Afternoon. 

Cross by W. T. Logan : 

Q. Did any other colored men besides yourself apply to the managers to be allowed 
to see the count?—A. None but me, to my knowledge, applied. 

Q. You would not swear that there was no others?—A. I would not. 

C. S. Vandep.horst. 

Sworn to before me this 28th day of January, A. D. 1897. 

[seal.] Solomon M. Brown, Notary Public. 

H. G. PERRIN, being duly sworn: 

Examined by J. B. Edwards, Esq.: 

Q. Give your name, age, residence, and occupation.—A. II. G. Perrin ; age, 39 years; 
reside 65 Ashley avenue; occupation, barber. 

Q. How long have you been a resident of the city of Charleston?—A. Twenty-six 
years. 

Q. Are you a registered voter?—A. I am. 

Q. Where were you on election day, 3d of November last?—A. Second precinct, 
Ward 4. 


24 


MURRAY VS. ELLIOTT. 


Q. What hour did you go to the poll on that morning?—A. Before 6. 

Q. How long did you remain there?—A. Until the polls opened, 7 o’clock. 

Q. Did you go hack during the day?—A. I did. 

Q. During the day did you see any of the voters rejected?—A. I did. 

Q. Did any of those whom you saw have registration certificates?—A. No. 

Q. Did any of them have poll-tax receipts?—A. Yes. 

Q. About how many who had poll-tax receipts?—A. I don’t remember exactly 
how many. 

Q. Can you name any of them?—A. Scipio Brown. 

(By agreement of counsel of contestant and contestee the witness (Perrin) was 
withdrawn for the present in order to take the testimony of another witness.) 

After consultation by counsel for contestant with witness proposed to be exam¬ 
ined, it was agreed to adjourn the taking of depositions until 4 p. m. this day. 
Accordingly the taking of depositions was at 2.45 p. m. adjourned until 4 p. m., 
January 28, 1897. 

[seal.] S. M. Brown, Notary Public. 

Charleston, S. C., January 28, 1807. 

Pursuant to adjournment, counsel for both parties appeared at 4 p. m., this day, 
for the purpose of resuming the taking of depositions in this matter; no witnesses 
appearing, the taking of depositions was adjourned until 10 o’clock a. m., January 29. 

Charleston, S. C., January 29, 1897. 

Pursuant to adjournment, the taking of depositions was resumed at 110 Church 
street at 10 a. m. this day. 

H. G. PERRIN resumes his testimony, as follows: 

Q. During the registration of 1896, did you have any occasion to visit the regis¬ 
tration office?—A. Yes. 

Q. Did you see any parties there who made an effort to register rejected?—A. Yes. 

Q. About how many?—A. I don’t remember how many. 

Q. Did any of those you saw rejected have poll-tax receipts?—A. Yes. 

Q. Can you name any ?—A. Yes. 

Q. Who was he?—A. Charles Spencer. 

Q. Was you present at any other poll during election?—A. Yes. 

Cross-examined by W. T. Logan, counsel for contestee: 

Q. Did you have any trouble in getting registered?—A. No. 

Q. Did you hold any position in the Republican party?—A. Yes; precinct chair¬ 
man of Ward 4. 

Q. You are known to be a Republican, are you not?—A. Yes. 

Q. You are a colored man?—A. Yes. 

Q. Where was the poll located at?—A. On the east side of Smith, between Beau- 
fain and Queen streets. 

Q. Did you have any trouble in voting?—A. None whatever. 

Q. You did not see any person rejected who had a registration certificate?—A. 
Yes. I saw one, and that one I carried to Mr. Barnwell. 

Q. Do you know what was the reason they did not allow him to vote?—A. Yes. 
He was rejected on the ground that he had a certificate for Ward 6, and he was 
rejected over there, and he came over to precinct 2, Ward 4, where I was, to vote, 
and he was rejected there, on the grounds that he was not a registered voter of that 
precinct. Mr. Barnwell happen to come up at the time, and I show him the certifi¬ 
cate and asked him if the man was not entitled to vote there; he (Mr. Barnwell) said 
no, because he (the voter) was not a resident of the precinct long enough to vote 
there. 

Q. Did he try again at Ward 6?—A. Not that I know of. 

Q. Do you know his name?—A. Michael Ward. 

Q. The ground upon which he was refused to be allowed to vote was that he had 
not lived in the ward the length of time required by law?—A. That was the grounds 
they stated. 

Q. Did you know how long he lived in the ward?—A. About two months. 

Q. Did you witness the counting of the ballots that night?—A. I stood off and 
saw them counting. 

Q. Were there any colored men there besides yourself?—A. Yes. 

Q. Do you know the names of any of the managers?—A. Yes; Mr. Winston, Mr. 
Levy, and Mr. Thomas. 

H. G. Perrin. 


Sworn to before me this 29th day of January, 1897. 

[SEAL.] 


Solomon M. Brown, 
Notary Public. 


MURRAY VS. ELLIOTT. 


25 


JOSHUA E. TENTION, sworn: 

Examined by J. B. Edwards, counsel for contestant: 

Q. Give your name, age, residence, and occupation.—A. Joshua E.Tention; age, 
36 years; reside at 5 Hamsted Square; occupation, laborer. 

Q. How long have you been a resident of the city of Charleston?—A. Thirty-eix 
years. 

Q. Are you a registered voter of this district?—A. Yes. 

Q. Did you have an occasion to visit the registration office during the registration 
of 1896?—A. Yes. 

Q. Did you see any persons rejected there who had poll-tax receipts?—A. Two. 

Q. Can you name them?—A. Syrus Freeman and William Rodolph. 

Q. Did you see any persons there allowed to register who did not have poll-tax 
receipts?—A. No. 

Q. Where were you on day of election. 3d of November last?—A. Precinct 2, 
Ward 9. 

Q. Did you see any persons who applied to vote who was rejected?—A. Many. 

Q. Did any of those whom you saw rejected have registration certificates?—A. No; 
not to my memory. 

Q. Did any of them have poll-tax receipts?—A. Yes; Thomas Goff and John Robin¬ 
son. 

Q. Did you remain at the polls until the votes were counted?—A. I did. 

Q. Did you witness the count?—A. I did. 

Q. How near were you to the box when the count was being conducted?—A. Right 
up to it. 

Q,. Could you see the votes so as to distinguish one from the other?—A. Oh, yes; 
I both handled and read them. 

Q. What was the vote at this precinct?—A. Between 73 and 76. 

Q. Of that number how many was Murray’s?—A. Fourteen, I think. 

Q. Was there any discrepancy between the poll list and the ballots in the box?— 
A. There was. 

Q. What was it?—A. The poll list had 80 names, and they were canceled by cross- 
marks by managers as having voted. 

Q. How many ballots in the box?—A. Between 73 and 76. 

Q. Did they make the names on the poll list tally with the ballots in the box?— 
A. Did not; they said they did not know how it could be that way. 

Q. Who were the managers at that precinct?—A. Mr. Murphy, Dean Howard. 

Q. Were they Democrats or Republicans?—A. Always knew them to be Democrats. 

By W. T. Logan: 

Q. Did you have any difficulty in registering?—A. Very little, I had. 

Q. Were you known to be a Republican?—A. Always was. 

Q. Did you have any difficulty in voting?—A. I did not. 

Q. Did you see any men who were refused to be allowed to vote who had registra¬ 
tion certificates?—A. I did not. 

Q. Did you have any trouble in seeing the count of the ballots?—A. None what¬ 
soever. 

Q. Where was the poll located at which you voted?—A. I voted in Ward 9, first 
precinct, at southwest corner of American and Amherst streets. 

Q. What position do you hold in the Republican party?—A. None whatever. 

Q. Do you remember the names on the poll list that did not tally with the ballot?— 
A. I do not; but in counting ballots there was three of Mr. Elliott’s ballots folded 
together. I called the managers’ attention to that and they said if the ballots out¬ 
numbered the names on the poll list he would destroy two; as they did not, he count¬ 
ed all three for Mr. Elliott. 

Q. Did you see any of Murray’s ballots destroyed?—A. I did not. 

Q. Did you see any ballots for Cohen at that poll?—A. Yes; three. 

Q. Who"was Cohen?—A. He was a candidate; I can’t say a Republican. 

Q. Was it not stated in the papers that he was a Republican candidate?—A. I saw 
it stated that he was nominated by a so-called Republican convention, but so far as 
his Republicanism, I don’t know. 

Redirect by J. B. Edwards : 

Q. Who kept the list of rejected voters that day?—A. I did. 

Q. Do you remember how many that was rejected?—A. I can’t remember now. 

Joshua E. Tention. 


Sworn to before me this 29th day of Januarj r , A. D. 1897. 

[seal.] Solomon M. Brown, Notary Public . 


26 


MURRAY VS. ELLIOTT. 


JAMES F. PINCKNEY, sworn: 

Examined by J. B. Edwards: 

Q. Give name, age, residence, and occupation.—A. James F. Pinckney; age, 34 
years; resides at 15 Longitude lane; occupation, laborer. 

Q. How long have you been a resident of the city of Charleston ?—A. Eleven years. 

Q. Where were you on election day, 3d of November last?—A. At Church street 
cross-water, at the poll, Ward 1, first precinct. 

Q. Were you at the Congressional or State box?—A. At the Congressional box. 

Q. What hour did you get to the poll?—A. A little before 6; the poll did not open 
until seven. 

Q. How long did you remain there?—A. Until the poll closed in the evening. 

Q. Did you see any persons rejected?—A. Yes. 

Q. How many persons did you see rejected?—A. All who made their names out on 
blanks. 

Q. Did you know the managers of election?—A. No; only one, by name Mr. Bryan. 

Q. Were the managers Democrats or Republicans ?—A. Democrats, as far as I know. 

Q. (Counsel for contestant hands witness a batch of papers and asks him to ex¬ 
amine them and see if his name is on them.)—A. l r es. 

Q. Did you witness those papers?—A. Y r es. 

Q. How many are they?—A. Thirty-three. 

(Counsel for contestant offers in evidence papers just above referred to, marked 
“ Exhibit G.” 

Counsel for contestee objects to the introduction in evidence of these papers, upon 
the same grounds as those offered to similar papers marked Exhibits A, B, C, D, and F.) 

Q. Did you witness any other papers that day?—A. No, sir. 

Q. I mean did you witness any other papers except those which have just been 
offered in evidence?—A. Yes. 

Q. What papers are those you have in your hand?—A. Blanks No. 2; 16 of them; 
they were for men who could not write. 

Q. Did you witness those?—A. Yes. 

(Counsel for contestant offers in evidence the blanks last above referred to, marked 
“ Exhibit H”) 

Cross-examined by W. T. Logan: 

Q. Are you a registered voter?—A. No. 

Q. Did you make any attempt to register?—A. No. 

Q. Did any of the men whom yon saw rejected have registration certificates?—A. No. 

Q. Did jou witness the count that night?—A. Y'es. 

Q. Did you have any trouble to witness the count?—A. No. 

Q. Were there any colored men there besides yourself?—A. Yes; two more besides 
myself. 

Q. Did any of the men who signed blank form No. 1 read the whole blank over to 
you?—A. Y r es, sir. 

Q. Do you know the names of any?—A. \"es; Andrew Gray. 

Q. Had he paid his poll tax?—A. I don’t know. 

Q. Do you know whether he made an effort to register?—A. I don’t know. 

James F. Pinckney. 

Sworn to before me this 29th day of January, A. D. 1897. 

[seal.] Solomon M. Brown, Notary Public. 

Exhibit G.—S. M. B., N. P., January 29, 1897. 

Plank No. 1. 

State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age 21, male resident of the vot¬ 
ing precinct one of Ward 1, and legally qualified to register and vote therein, did, on 
this, the 3d day of November, 1896, present himself at the said voting precinct to vote 
for George W. Murray, the Republican candidate for Congress in the First district 
of said State, desiring and intending to vote for the said George W. Murray, and upon 
his attempting to so vote was denied the right to so vote, and his vote thus offered 
to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and he further states that if he had been permitted to register and°to 
vote at said election he would have voted for George W. Murray, the Republican can¬ 
didate for Congress in said district. 

And the undersigned further states that he is qualified even under the present 


MURRAY YS. ELLIOTT. 27 

constitution, as lie can read and write, as evidenced by the tact that he signs this in 
his own handwriting. 

J. H. Everett. 

Witnesses: 

James F. Pinckney. 

C. McFall. 

Personally appeared J. H. Everett, and made oath that the above statement is 
correct. 

J. A. Hinges, Notary Public. 

Charleston, S. C., January 11, 1897. 

[Twenty-eight affidavits same as above, signed and witnessed, filed with this 
exhibit.] 

Exhibit H.—S. M. B., N. P., January 29, 1897. 

Blank No. 2. 

State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct 1 of Ward 1, and legally qualified to register and vote therein, did, on 
this the 3d day of November, 1896, present himself at the said voting precinct to vote 
for George W. Murray, the Republican candidate for Congress in the First district 
of said State, desiring and intending to vote for the said George W. Murray, and 
upon his attempting to so vote was denied the right to so vote, and his vote thus 
offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register, and further states that if he had been permitted to register and to vote 
at said election he would have voted for the said George W. Murray, the Republican 
candidate for Congress in said district. 

Edward (his x mark) Gail. 

Witnesses: 

James F. Pinckney. 

C. McFall. 

Personally appeared Edward Gail and made oath that the above statement is 
correct. 

[seal.] J. A. Minges, Notary Public. 

Charleston, S. C., January 19, 1897. 

[Twenty-five affidavits same as above, signed and witnessed, filed with this 
exhibit.] 

Charleston, S. C., January 29, 1897. 

Pursuant to adjournment counsel for both parties appeared at 5 o’clock p. m. this 
day for the purpose of resuming the taking of depositions in this matter. No wit¬ 
nesses appearing:, the taking of depositions was adjourned until 10 o’clock a. m., 
January 30, 1897. 

Charleston, S. C., January 30, 1897. 

Pursuant to adjournment, the taking of depositions was resumed at No. 110 Church 
street at 10 o’clock a. m. this day. 

ISAAC SAULTERS, being sworn, says : 

Q. Give your name, age, residence, and occupation.—A. Isaac Saulters; 29 years; 
reside No. 6 Nassau street; carpenter by occupation. 

Q. How long hav e you been a resident of the city of Charleston?—A. About eight 
years. 

Q. Are you a registered voter?—A. No. 

Q. Why have you not been registered ?—A. They said I had to study the constitu¬ 
tion longer before I could get a registration certificate. 

Q. Did you pay your poll tax?—A. Yes. 

Q. Where were you on election day, November 3, last?—A. 1 was at the poll. 

Q. At what poll were you?—A. First precinct, Ward 9. 

Q. What time of the day did you get there?—A. About 4 o'clock. 

Q. How long did you remain there?—A. I tarried around there about fifteen min¬ 
utes, and then went off, and came back and stayed the balance of the evening. 

Q. Where were the votes counted at?—A. Right at the poll where the elec¬ 
tion was. 

Q. Did you see the count?—A. No. 


28 


MURRAY VS. ELLIOTT. 


Q. Did you make an effort to see the count?—A. Yes; I made an effort, but they 
closed the door and I could not see. 

Q. Who closed the door?—A. A policeman. 

Q. Where was the policeman—on the in or outside?—A. He was on the inside after 
he closed the door. 

Q. Were the managers Democrats or Republicans?—A. I can't say. 

Q. Did you know any of the managers?—A. No. 

Q. Was there any colored man inside of the poll when the vote was being 
counted?—A. No. 

Q. Did any colored man ask to go in to witness the count?—A. Yes; the clerk, 
whose name I do not now remember, asked to be allowed to witness the count; the 
managers asked the policeman whether he, the clerk, was a white man or colored 
man ; the policeman told the managers that it was a colored man ; the managers said 
no, he could not come in. 

(Counsel for contestee objects to this answer, on the ground that it was entirely 
hearsay evidence.) 

Q. Did you see any other persou rejected from voting while you were at the poll ?— 
A. Yes, sir; I saw three while I was there. 

Q. Did any of these three have poll-tax receipts or registration certificates ?—A. 
They had poll-tax receipts. 

Q. Did you visit the registration office during the year of 1896?—A. Yes. 

Q. Did you see any persons rejected from registration?—A. No; I did not see any¬ 
one rejected. 

Q. Who else was there at the time?—A. Well, there were three or four white men 
in the office at the time, they were ahead of me. 

Q. Did all of them get their registration certificates?—A. Yes. 

Q. Were any of them asked any questions as to whether they could read or not?— 
A. No, sir; they were not asked whether they could read or not. 

Q. Was any of them required to read?—A. No, sir. 

Cross-examined by W. T. Logan : 

Q. Were you in the registration office when the white men you said were ahead of 
you first went in the office?—A. Two or three of them were in there before 1 went in. 

Q. These two men might have been asked to read, or rather if they could read, the 
constitution before you came in?—A. Well, the manager of registration was out at 
the time we were there and we had to wait a few minutes on him. 

Q. You don’t know whether the supervisors of registration were in their office 
when the two white men who were ahead of you first went in?—A. No, sir; they 
said that Mr. Williams had just gone out and they had to take their certificate to 
Mr. Williams and he would sign it for them. 

Q. You don’t know whether Mr. Williams asked those men whether they could 
read the constitution or not?—A. No; I do not; I know the man that gave them 
the certificate did not ask them. 

Q. The supervisor who gave these gentlemen their registration certificates said 
they had to get Mr. Williams to sign them?—A. Yes, sir. 

(Counsel for contestant objects to both the question and the answer, upon the 
ground that the testimony thus solicited is hearsay.) 

Q. When you went into the registration office did the registrar ask you to read a 
section of the constitution?—A. Yes. 

Q. Did you read it?—A. I did, aud he said after my reading that I had to study 
the constitution. 

(Counsel for contestee requests witness to read section 4 of article 10 of the new 
constitution. Witness renders as follows: “There shall be exemited from taxation 
all county, township, and manuscript property used exclusive for public purposes 
and not for renew, and the property of all school, college, and institution of learn¬ 
ing, charitable institution in the natural of asylum for the infirm, deaf and dumb, 
idle and indignity pesume, except were the prolit of such institution are apply to 
provate us.” This section, read correctly, is as follows: “There shall be exempted 
from taxation all county, township, and municipal property used exclusively for 
public purposes and not for revenue, and the property of all schools, colleges, and 
institutions of learning, all charitable institutions in the nature of asylums for the 
infirm, deaf and dumb, blind, idiotic, and indigent persons, except where profits of 
such institutions are applied to private uses.” 

Counsel for contestant objects to the above rendering of the constitution, upon 
the ground that it is not the best evidence of the correct rendering of the section 
read, the constitution itself being the best evidence of its contents. This, there¬ 
fore, is purely secondary.) 

Counsel for contestee asks witness to read section 2, article 15, of the constitu¬ 
tion. Witness renders as follows: 

(Counsel for contestant objects to witness reading any further, upon the ground 
that witness has already sufficiently tested his ability to read, and upon a further 


MURRAY YS. ELLIOTT. 29 

ground that witness is only required to read one section, or part of section, to enti¬ 
tle him to register whenever lie is required to read any.) 

Counsel for contestee asks witness to read section 2 of article 15 of the constitu¬ 
tion. Witness refuses to read. 

Q. You did not see anybody refused to vote who had registration certificates?— 
A. No. 

Q. J)id you apply personally to any ol the managers to be allowed to witness the 
count?—A. No. 

Q. What poll did you apply to vote at?—A. First precinct, Ward 9. 

Q. You were refused to be allowed to vote on account of vour not having a regis¬ 
tration certificate?—A. Yes. 

Q. Do you know who witnessed the count of the ballots?—A. No. 

Q. You don’t know how many saw it?—A. No. 

Redirect: 

Q. At the time that you went to the registration office how many supervisors of 
registration were in the office?—A. One. 

Isaac Saulters. 

Sworn to before me this 30th day of January, A. D. 1897. 

[seal.] Solomon M. Brown, Notary Public. 

THADDEUS SMALLS, being sworn, says: 

Examined by J. B. Edwards: 

Q. Give name, age, residence, and occupation.—A. Tliaddeus Smalls; age, 40 next 
birthday, in March; resides No. 35 Elizabeth street; laborer by occupation. 

Q. How long have you been a resident of the city of Charleston?—A. All of my 
life. 

Q. Are you a registered voter?—A. No. 

Q. Did you make any effort to become registered?—A. Yes; 1 did. 

Q. Did you pay your poll tax?—A. Yes; I did. 

(The counsel for contestant hands witness a paper and asks what it is. Witness 
says it is a poil-tax receipt.) 

Q. Did you have that receipt when you went to register?—A. Yes. 

Q. Why were you not registered?—A. When I went there to register they told me 
to pass on; I then passed on; there were a white gentleman behind me and they 
registered him. 

Q. Who told you to pass on?—A. I don’t know, but the gentleman who was 
registering. 

Q. Did they examine you to see whether you could read?—A. No. 

Q. Can you read?—A. Yes. 

Q. Did you see any other who was rejected?—A. Yes; over a hundred. 

Q. Did any of them have poll-tax receipts?—A. Yes; over fifteen or twenty had 
poll-tax receipts. 

Q. Where were you on election day, 3d of November last?—A. Were at the poll. 

Q. What poll?—A. Second precinct, Ward 7. 

Q. What hour of the day did you get there?—A. About 1 o’clock. 

Q. How long did you remain there?—A. One hour. 

Q. Were you there when the votes were counted?—A. No. 

Cross-examined by W. I. Logan : 

Q. How many times did you try to register?—A. I tried twice. 

Q. About what time of the year did you first go to the registration office?—A. In 
August. 

Q. August, 1895, or what year?—A. Last August I tried to register; that was 1896. 

Q. August, 1896?—A. Yes. 

Q. Was there a large crowd there?—A. Yes. 

Q. Did you go inside the registrar’s office?—A. Yes. 

Q. Were there any other persons in the office that day when you applied?—A. 
Yes. I don’t know how many; there was a crowd in line. 

Q. This crowd was not in the registrar’s office itself?—A. No. 

Q. Do you know where the registration office is?—A. Yes; at the fireproof 
building. 

Q. How many persons were there in the registration office?—A. Three at the time. 

Q. What did the managers say to you when you went into the registrar’s office?—A. 
When I went into the office they told me I must pass on. 

Q. What was the name of the person who told you to pass on?—A. I don’t know. 

Q. You don’t know whether he was one of the managers or not?—A. I don’t 
know; he must have been one of them. He was behind the desk issuing out papers 
to them who applied; he did not give me none. 


30 


MURRAY VS. ELLIOTT. 


Q. You would not swear that the man who told you to move on was a mana¬ 
ger ?—A. No. 

Q. How loug do you suppose you were in the office after you were told to pass 
on ?—A. I came right on out. 

Q. Was that all you were told, simply to “pass on?”—A. That was all. 

Q. Did you say anything when they told you to pass on?—A. No; I came on out. 

Q. Did you ever go back into the registrar's office again after the first time?—A. I 
went to the building, but could not get to the office again on account of the large 
crowd. 

Q. When you were told to pass on, you did not tell the person who told you so 
that you wanted to get your registration certificate?—A. Yes; I told him I had my 
poll-tax receipt and I wanted my registration certificate. 

Q. What did he say to you then?—A. He did not say anything. 

Q. Did you make any further attempt in the office to get registered?—A. No. 

Q. You came right out?—A. Yes; I came right out. 

Q. You say there was a large crowd there that day?—A. Yes; a large crowd. 

Q. And as soon as you applied to the person whom you supposed to be a manager 
you were told to pass on?—A. Yes. 

Q. Did you offer to vote on election day?—A. Yes. 

Q. You were rejected because you had no registration certificate?—A. Y”es. 

Q. Where was the poll located you offered to vote at?—A. Northeast corner of 
Meeting street and John, about two doors from John. 

Q. You were not at the polls when they were closed?—A. No. 

Thaddeus Smalls. 

Sworn to before me this 30th day of January, A. D. 1897. 

[seal.] " Solomon M. Brown. 

HENRY HUGER, being sworn, says: 

Q. Give name, age, residence, and occupation.—A. Henry Huger; age, 25 years; 
resides at corner of Alexander and Chapel streets; by occupation, laborer. 

Q. How long have you been residing in the city of Charleston?—A. I was raised 
in Charleston. 

Q. Are you a registered voter ?—A. No. 

Q. Why is it you have not been registered?—A. I tried to register, but they 
objected me, saying that I did not read perfect enough. 

Q. Had you paid your poll tax?—A. Yes. 

Q. Was there any other person in the office when you went to register?—A. Sev¬ 
eral came in and registered and went out. 

Q. You say that several came in and registered and went out while you were still 
in the office?—A. While I had the book to read. 

Q. Were these parties who you say came into the office and registered and went 
out while you were still in there white or colored?—A. They were white. 

Q. Did any of them read while you were in there?—A. No; because I had the 
book. 

Q. Were they asked whether they could read or not?—A. No; they did not come 
up to the old gentleman where I was to ask him about reading or nothing. 

Q. The question I ask you is whether any of these parties who came in while you 
were in the office were asked by the supervisors if they could read?—A. No; they did 
not ask them any questions at all. 

Q. Were you at any of the polls on election day?—A. Yes; I was. 

Q. Did you see anyone rejected from voting?—A. Yes; a big crowd. 

Q. Did any of the persous who you saw rejected have registration certificates or 
poll-tax receipts?—A. They had poll-tax receipts. 

Q. About how many did you see rejected?—A. A great crowd of them. 

Q. Did you see any rejected from the registration office?—A. Yes; a good crowd. 

Q. Did they have poll-tax receipts?—A. Yes. 

Q. What poll were you at on election day?—A. Ward 7, first precinct. 

Q. Did you remain there until the votes were counted?—A. No. 

Cross-examined by W. S. Logan : 

Q. When you went to the office of registration were a large crowd there?—A. 
Yes. 

Q. How loug were you reading in the register’s office?—About ten minutes. 

Q. Were there any colored men there at the time?—A. No; none but me. 

Q. Were there any white men, and how many?—A. Several came behind me. 

Q. You were busy reading while they were in there?—A. Yes. 

Q. Do you think there were three?—A. I don’t know how many. 

Q. You did not pay any attention to the men?—A. I just saw them passing in and 
out as I was reading. 


MURRAY VS. ELLIOTT. 31 

Q. You could not tell whether they got registration certificates or not?—A. I seen 
them walk up to the desk and hand their hands over and then walk out. 

Q. You saw that while you were reading?—A. After the old gentleman rejected 
me I saw these men coming with papers in their hands folded up; they got them 
from the gentleman who was giving out registration certificates. 

Q. You said you were reading while you were in the registration office, and you 
did not pay any special attention to men who came in, but simply glanced at them?— 
A. Y r es; that was at the time I was reading. 

Q. Did you come out as soon as you were rejected?—A. I did not come right out. 
My reason for not coming out was I said to the old man I could not read while his 
hand was shaking. 

Q. Do you know what his name was?—A. I don’t know his name. 

Q. You said you were reading about ten minutes ?—A. Yes; about ten minutes. 

Q. Do you know what section of the constitution that he asked you to read?—A. 
No; I can’t remember. 

Q. Did he ask you to read more than one section? A. He did not give me but one 
section. 

(Counsel for contestee asks witness to read section 1 of article 16 of the constitu¬ 
tion. Witness renders as follows: “Any meeting or entering to this constitution may 
be proceeding in the senate or house of representative if the same be agree to by 
two-thirds of the members select to each house such amendment or amendments 
shall be entered on the ajiliment resp’ti’ly with the years and nays taken their ever.” 

This section, rendered correctly, reads as follows, and is read by counsel for con¬ 
testee: “Any amendment or amendments to this constitution may be proposed in 
the senate or house of representatives. If the same be agreed to by two-thirds of 
the members elected to each house, such amendment or amendments shall be entered 
on the journal, respectively, with yeas and nays taken thereon.” 

Counsel for contestant objects to the rendering of the constitution last above 
referred to upon the ground that such rendering is secondary in its nature and char¬ 
acter, the constitution itself being the best evidence of its contents. 

Counsel for contestee asks witness to read section 11 of article 8 of the constitu¬ 
tion. Witness declines to read on the ground that his reading it would consume too 
much time.) 

Q. Did you offer to vote on election day?—A. I did, at first precinct, Ward 7. 

Q. Where was this poll located?—A. At the corner of Charlotte and Alexander 
streets. 

Q. You were refused on account of your not having a registration certificate?—A. 
Yes. 

Q. You did not see any persons rejected who had registration certificates?—A. No. 

Q. Y r ou did not stay until the votes were counted?—A. No. 

H. Huger. 

Sworn to before me this 30th day of January, A. D. 1897. 

[seal.] Solomon Brown, Notary Public . 

JAMES SMITH, being sworn, says: 

Q. Give your name, age, residence, and occupation.—A. James Smith; age, 25 
years; resides at No. 9 Allways street; carpenter by occupation. 

Q. How long have you been a resident of the city of Charleston?—A. All of my 
life. 

Q. Are you a registered voter?—A. No. 

Q. Did you ever make any effort to register?—A. Y"es. 

Q. Did you pay your poll tax?—A. Yes. (Witness produces receipt.) 

Q. YVhen you applied to register did you have your poll-tax receipt with you?—A. 
Y r es; I did. 

Q. Why were you not registered?—A. They gave me a section to read. I read a 
little over half; he, the supervisor, then closed the book and asked me questions. I 
answered the first one, but did not have time to answer the second one. He then 
closed the book and said he did not have time to bother with me, because others were 
waiting. He then took my name and handed me my receipt back. 

Q. Were there any others waiting?—A. Y r es; about five behind me and about three 
in front. 

Q. Were the others white or colored?—A. There were two white and the balance 
colored. 

Q. Were the two white men behind you or in front?—A. They were behind nie, a 
little to the side. 

Q. Did they get their registration certificates?—A. Yes. 

Q. Did any of the colored men get theirs?—A. Y r es; the man who was in front 
at the time I went in got his. 

Q. Where were you on election day, the 3d of November last?—A. At the poll. 

Q. At which poll?—A. Spring street, three doors from Norman. 


32 


MURRAY VS. ELLIOTT. 


Q. What ward was that?—A. Ward 12, second precinct. 

Q. Did you know the managers at that poll?—A. Yes; Mr. Shirer. 

Q. Were the managers at that poll Democrats or Republicans?—A. Democrats, as 
far as I know. 

Q. Did you remain at the polls until the votes were counted?—A. No. 

Cross-examined by W. S. Logan : 

Q. Was there a very large crowd at the registration office whenvou were there?— 
A. No. 

Q. When did you go there?—A. The first time was on April 28. 

Q. Have you au} r idea of how many persons were there?—A. About ten. 

Q. These were all in the registration office?—A. Yes; they were. 

Q. When you could not read to the satisfaction of the supervisor, he asked you to 
explain the constitution?—A. Yes. 

Q. How many sections of the constitution did he asked you to read?—A. Only 
one. 

Q. Do you know why you were refused registration?—A. He said because I could 
not explain. 

Q. Do you know what section that was?—A. No; I can’t remember. 

Q. How long do you suppose you were in the office?—A. About three minutes. 

Q|. Did you say anything to the manager when he told you to explain it?—A. I 
did not say anything at all. 

Q. Did you come right out of his office then?—A. I came right out. 

Q. Do you know the name of the man who asked you to read the constitution and 
explain it?—A. I don’t know positively, but think Mr. Mott. 

Q. Did you make another attempt to get registered?—A. I did. 

Q. Do you remember when it was?—A. About in June. 

Q. Did you go into the registrar’s office that time?—A. I did. 

Q. What happened there?—A. He took my poll-tax receipt and looked at it and 
said to me the law don’t require but one hearing. 

Q. Did you try to read that time?—A. He would not allow me. 

(Counsel for contestee asks witness to read section 11 of article 8 of the constitu¬ 
tion. Witness renders as follows: “In the exercise of the police power the general 
assembly shall have the right to prohibit the manufacture and sale and retail of 
alcoholic liquors or beverages within the State. The general assembly may license 
persons or corporations to manufacture and sell and retail alcoholic liquors or bev¬ 
erages within the State.”) 

Q. Did you make any effort to vote on election day?—A. I did. 

Q. You were refused because you had no registration certificate?—A. I was refused 
because I had no registration certificate. 

Q. You were not at the polls when they closed ?—A. No. 

James Smith. 

Sworn to before me this 30th day of January, A. D. 1897. 

G. W. MATTHEWS, being sworn, says: 

Q. Give name, age, residence, and occupation.—A. G. W. Matthews; age,46 years; 
reside No. 11 Cedar Court; laborer by occupation. 

Q. How long have you resided in the city of Charleston?—A. From 1867 to present 
time. 

Q. Are you a registered voter?—A. No; I am not registered. 

Q. Why are you not registered?—A. I have been rejected. 

Q. Who rejected you?—A. I was rejected at the supervisor’s office. I don’t know 
which one by name. 

Q. Did you pay your poll tax?—A. I did. 

Q. How many efforts did you make to register?—A. Twice. 

Q. Were you rejected both times?—A. I was rejected once and they would not give 
me a hearing the second time. 

Q. Did you have your poll-tax receipt with you when vou went to register the 
first time?—A. Yes. 

Q. Why were you rejected?—A. Because after reading the constitution I could not 
explain it, they said. 

Q. Did you see any other persons rejected while you were there?—A. One or two 
others. 

Q. Did they have poll-tax receipts?—A. They did. 

Q. Where were you on election day, 3d November last?—A. At my precinct, 1, 
Ward 7. 

Q. Were you there when the votes were counted?—A. I was not. 


MURRAY YS. ELLIOTT. 35 

Q. During tlie time you were there, did you see anyone rejected who offered to 
vote?—A. Yes; I saw a good many. 

Q* Did any of those whom you saw rejected have registration certificates or poll- 
tax receipts?—A. Three or four with poll-tax receipts. 

Cross-examination by \V. S. Logan : 

Q. When did you go to the registration office to register?—A. About the last of 
April or 1st of May. 

Q. Was there a crowd there when you were there?—A. Yes; fifty or sixty while I 
was there. 

Q. Did you have any difficulty in reading the constitution while you were there?— 
A. No; only in explaining. 

Q. You were not rejected on accouut of reading?—A. No; I was not. 

Q. They asked you to read?—A. Yes; they asked me to read. 

Q. Have you got your poll-tax receipt with you?—A. No; I have it home. 

Q. Have you ever testified in one of these contests before?—A. I never have. 

Q. Who are you working for now?—A. The Clyde Steamship Company. 

Q. Did you say anything to the supervisor when he rejected you?—A. Yes, I asked 
them why they said I had to get a little more grammar and they would give me a 
certificate. G 

Q. You only applied to that one manager?—A. Only one that day. 

Q. Do you know what his name was?—A. I don't know whether it was Williams, 
Mott, or who. 

Q. At what poll did you offer to vote on election day?—A. Ward 7, precinct 1. 

Q. You were rejected because you had no registration certificate?—A. I were 
because I had no registration certificate. 

Q. You were not at the polls when the ballots were counted?—A. I were not. 

G. W. Matthews. 

Sworn to before me this 30th day of January, A. D. 1897. 

[seal.] Solomon M. Brown, Notary Public: 

Charleston, S. C., February 10, 1897. 

Pursuant to adjournment, the taking of depositions resumed at 110 Church street. 
Charleston, S. C., at 9.30 a.m. this day, at which time and place the following was 
sworn and examined on behalf of contestant: 

BRAXTON M. HOLMES, being sworn, says: 

Q. Give your name, age, residence, and occupation.—A. Braxton M. Holmes; age, 
33 years; reside 12 JShort street; by occupation, laborer. 

Q. Where were yon on election day, 3d of November last?—A. I were at the polls 
in Ward 4, first precinct. 

Q. Were you at the Federal or State box?—A. At the Federal box. 

Q. Did you see any person rejected from voting on that day?—A. I did, sir. 

Q. About how many?—A. I can’t exactly remember them, but there was a great 
many. 

Q. Did any of the persons you saw rejected have registration certificates or poll- 
tax receipts?—A. A few had certificates. 

Q. Can you name any of those who had certificates?—A. I was not acquainted 
with them. 

(Counsel for contestant hands witness a batch of papers and asks what are they.) 

A. These are affidavits which I signed on that day. 

Q. Who are the witnesses who signed those?—A. J. Harman and myself. 

Q. How many affidavits in that package?—A. Thirty-four, sir. 

Q. How long were you at the polls that day?—A. Well, sir, I was there from 8 
o’clock in the morning until it was closed. 

Q. Were you there when the votes were counted?—A. I was there but I did not 
go in. 

Q. Did you ask permission to go in ?—A. I tried to get in but the police rejected me. 

Q. Who was in the polling booth while the votes were being counted?—A. About 
six white men were in there. 

Q. Were there any colored men in there?—A. I did not see any. 

Q. Could you have seen any if they had been in there?—A. Oh, yes; if any had 
been in there; but I did not see any. 

(Counsel for contestant now offers in evidence the 34 affidavits just testified to by 
this witness and, marked “Exhibit S.” 

Counsel for contestee objects to the introduction of the affidavits upon the follow¬ 
ing ground: First, that the affiants themselves are the proper persons to testify, 

17745-3 



MURRAY VS. ELLIOTT. 


M 


&nd should be called as witnesses; second, because these affidavits are not in response 
of the allegations in the notice of contest; third, because by this method of proceeding 
oontestee was deprived of the right of cross-examination; and, further, they did not 
come from the possession of the notary.) 

Cross-examined by W. T. Logan, counsel for contestee: 

Are you a registered voter?—A. I am, sir. 

Q. Did you have any difficulty in complying with the test at the registration 
office?—A. I did, sir; on several occasions I applied at the office for a registration 
certificate and I could not get one; every time I go they would put me off and off, 
until the 20th of April I succeeded in getting one. 

Q. TIow many times did you get in the registration office itself?—A. Well, I was 
in once and they told me I had to get a blank filled out, and on the next occasion I 
was not in, but was at the door, and it was 2 o’clock; the supervisor had to go to 
dinner, I was shut out; 1 had to go back to work; I went another day; I did not 
succeed in getting it then; I had only got as far as the door; I went again the next 
day and I did not get it then. I lost two days and a half, so 1 did not get it until 
in April.; 

Q. You were only in the registration office once?—A. Yes; once. 

Q. Did you get your certificate that day?—A. No; I did not get my certificate 
until in April. 

Q. After you got in the registration office did you have any trouble in complying 
with the test?—A. I did not have any trouble. After I got in I presented my poll 
tax and read a part of the constitution, and I got my certificate. 

Q. You are a Republican and a colored man, are you not?—A. I am, sir. 

Q. Did you have any difficulty in voting?—A. I did not. 

Q. Did you see anybody rejected who had a certificate?—A. 1 saw one man who 
came from .James Island who wanted to vote at the Federal box and they rejected him. 

Q. Precinct 1 of Ward 4 was not the place for him to vote, was it?—A. Well, he 
moved over in the city. I thought he could vote for President anywhere. 

Q. What was your position with reference to the poll you were stationed at that 
day? I mean how far were you stationed from the entrance of the barricade which 
led to the ballot boxes.—A. Well, I suppose about 30 feet. I went up to the poll 
with most every man who tried to vote. 

Q. Do you mean that you went to the entrance of the barricade while the voter 
went up to deposit his ballot?—A. I do, sir. 

Q. About how far do you think the ballot boxes were from the end of the barri¬ 
cade?—A. Well, I suppose, about 10 or 12 feet. 

Q. Who were the managers at that poll?—A. I don’t know them personally. 

Q. Was there much of a crowd standing around the polling booth while the votes 
were being counted?—A. No, sir; very lew people, most of them had gone off’. 

Q. Did you apply to one of the managers to see the votes counted?—A. I did not; 
T started in, but the policeman told me to go out, so I stood on the outside until 
they got through. 

Q. Were there any colored men there who applied to the managers to see the 
•count?—A. I can’t say. 

Q. Do you know W. J. Grant, a butcher?—A. I do. 

•Q. How long have you known him?—A. About ten or fifteen years. 

Q. Is he a white man or a colored man?—A. Colored. 

C>. Are you certain of that?—A. To my knowledge, all I know of him he is colored. 

Q. Do you know his father and mother?—A. I am acquainted with his father. 

Q. He is a colored man, is he not?—A. Yes. 

Braxton M. Holmes. 

Exhibit S—S. M. B., N. P. February 10, 1897. 

Blank No . 2. 

State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct 1, of Ward 4, and legally qualified to register and vote therein, did, 
on this, the 3d day of November, 1896, present himself at the said voting precinct to 
vote for Geo. W. Murray, the Republican candidate for Congress in the First district 
of said State, desiring and intending to vote for the said Geo. W. Murray, and, upon 
his attempting to so vote, was denied the right to so vote, and his vote thus offered 
to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register, and further states that if he had been permitted to register and to vote 


MURRAY VS. ELLIOTT. 


35 


at said election he would have voted for the said Geo. W. Murray, the Republican 
candidate for Congress in said district. 

D. (his x mark) Fraiser. 

Witnesses: 

Braxton M. Holmes, 

,T. Hammond. 

Personally appeared I). Fraiser and made oath that the above statement is correct. 

,T. A. Minges, Notary Public. 

Charleston, S. C., November 3, 1S96. 

[Sixteen affidavits same as above, signed and witnessed, filed with this exhibit.] 

Blank No. 1. 


State of South Carolina, Charleston County: 

This certilies that the undersigned, being over the age 21, male resident of the 
voting precinct 1 of Ward 4, and legally qualified to register and vote therein, 
did, on this the 3d day of November, 1896, present himself at the said voting pre¬ 
cinct to vote for Geo. W. Murray, the Republican candidate for Congress in the 
First district of said State, desiring and intending to vote for the said Geo. W. Mur¬ 
ray, and, upon his attempting to so vote, was denied the right to so vote, and his 
vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration, under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and he further states that if had been permitted to register and to vote at 
said election he would have voted for Geo. W. Murray, the Republican candidate 
for Congress in said district. 

And the undersigned further states that he is qualified, even under the present 
constitution, as he can read and write, as evidenced by the fact that he signs this in 
his own handwriting. 

Edward Jenkins. 

Witnesses: 

Braxton M. Holmes, 

J. Hammond. 

Personally appeared Edward Jenkins, and made oath that the above statement is 
correct. 

[seal.] J. A. Minges, Notary Public. 

Charleston, November 3 , 1896 . 

[Sixteen affidavits same as above, signed and witnessed, filed with this exhibit.] 

Sworn to before me this 10th day of February, A. D. 1897. 

[seal.] Solomon M. Brown, Notary Public. 

JOHN FRASER, being sworn, says: 

By Mr. Edwards : 

Q. Give your name, age, residence, and occupation.—A. John Fraser; age 57; 
reside at 22 Chalmer street; hack stable. 

Q. Are you a registered voter of this district?—A. Yes, sir. 

Q. Did you vote on November 3 last at the Federal election?—A. No; I was 
rejected. 

Q. Who rejected you?—A. The managers at the polls corner of State and Cum¬ 
berland street. 

Q. What ward and precinct was it?—A. I can’t say; it was Ward 3; I can’t say 
what precinct, but the poll was located at the corner of State and Cumberland streets. 

Q. What is that [counsel for contestant hands witness a paper] ?—A. This is my 
registration certificate. 

Q. When you went to vote did you have that paper with you?—A. Yes, sir. 

Q. Now, sir, please state what the managers said to you.—A. They claimed that 
this certificate was voted there before that day; that is, a certificate of same number. 

Q. Did you make any other effort to vote that day ?—A. Not before that time. 

Counsel for contestant offers in evidence a copy of registration certificate just testi¬ 
fied to, which reads as follows: 

“ State of South Carolina. Registration certificate No. 32. 

“ This is to certify that John Fraser is a registered elector of the election district 
or county of Charleston; resides in 22 Chalmers st., township or parish or ward; 


36 


MURRAY VS. ELLIOTT. 


is 57 years of age, and is entitled to vote in 1st precinct, Ward 3. Voting jdace in 
polling precinct, if otherwise qualified. Registered on the 13th day of Apl., 1896. 

“L. E. Williams, 

“H. M. Lofton, 

“W. J. Mott, 

“Members of the Board of Registration of Charleston County. 

‘‘Supervisor of registration of-County.” 

Q. How long have you lived in Charleston County?—A. All of my life. 

Q. How long have you lived at 22 Chalmers street?—A. For the lust twenty years. 

Q. Who owns the property, 22 Chalmers street?—A. Edward Rickies. 

Q. What kind of business is carried on at 22 Chalmers street?—A. Hack stable. 

Q. Who owns that business?—A. I own it. 

Cross-examined by W. T. Logan : 

Q. When you were refused to be allowed to vote at the poll where you tried, did 
you go to the commissioners of election to try to get them to allow you to vote?—A. 
No, sir; it was rather late. 

Q. Who were the managers at that poll?—A. I knew one man by the name of 
Haight, who was on the police force. He said this certificate was voted on that day; 
the name and number of my registration certificate. I proved by Policeman Gray 
that I was not around that poll up to the time. When he offered to testify that I 
was not there before that time, they ordered him out saying, that if he did not go 
they would have him arrested. 

Q. At what other poll did you offer to vote?—A. I went to the market hall pre¬ 
cinct ; they told me that that was not the poll. 

Q. You say that Mr. Haight told you that he could show you by his books that 
you had voted there before that day?—A. Yes, .sir. 

Q. Were you at the polls that day when the votes were counted?—A. No, sir. 

Q. Did you have any difficulty in complying with the test at the registration 
office?—A. No. 

John (his x mark) Fraser. 

Sworn to before me this 10th day of February, 1897. 

Solomon M. Brown, Notary Public. 


NAPOLEON JENKINS, being sworn, says: 

By J. B. Edwards : 

Q. Give your name, age, residence, and occupation.—A. Napoleon Jenkins; age 41 
years; resides at 55 Tradd street; by occupation laborer. 

Q. How long have you lived in this city?—A. About twenty-five years. 

Q. Are you a registered voter?—A. Yes, sir. 

Q. Did you vote on the 3d day of November last?—A. No, sir. 

Q. How was it that you did not vote?—A. Well, sir, I went down on the 2d of May 
to get my jioll-tax receipt; after getting that, I went in the registration office to get 
my registration certificate. 

Q. I thought that I understood you to say a moment ago, in answer to my question, 
that you were a registered voter?—A. I had a registration certificate, but that was 
counterfeit. Now, after they counterfeit that one, I went and paid my poll tax and 
got a receipt to get another one, but they rejected me. After they had rejected me 
they told me to read the constitution, sections 8 and 10. I read the constitution. After 
reading the constitution I expected I would have gotten a registration certificate, 
but they asked me no questions, they took the book from me and stand me aside. 

Q. Did you have your poll-tax receipt with you?—A. Yes, sir. 

Cross-examination by W. T. Logan : 

Q. How many times did you get in the registration office?—A. I went there two 
or three times. 

Q. Did you go into the registration office on each of those occasions?—A. No, sir; 
I had so much trouble I had to leave off once to go to my work. The next time I 
went there I got in near the office door and the policeman made me stand off and 
I had to go away. 

Q. What day was it you got into the register's office?—A. I went there one Monday 
in J une. 

Q. Will you read a section of the constitution for me?—A. No, sir. 

(Counsel for contestee hands witness a copy of constitution and asks him to read 
section 2 of article 6.) 

A. No, sir; I have already read. 

Q. You decline to read, then?—A. Yes, sir; I decline to read. 



MURRAY YS. ELLIOTT. 37 

Q. Did you take any appeal from the actions of the board of supervisors?—A. 
Yes, sir; I made out a protest. 

Q. Did you appeal to any court?—A. No, sir; but made out a protest. 

Q. Were you at the polls on election day?—A. Yes, sir. 

Q. Did you see anybody rejected who had a registration certificate?—A. No. sir. 

Napoleon Jenkens. 

Sworn to before me this 10th day of February, A. D. 1897. 

Solomon M. Brown, Notary Public. 

DUNCAN FRASER, being sworn, says: 

By J. B. Edw t ards: 

Q. Give your name, age, residence, and occupation.—A. Duncan Fraser; age 55 
years; resides at 138 Tradd street; by occupation laborer. 

Q. How long have you lived in the city of Charleston?—A. About twenty-seven 
year 8. 

Q. How long have you lived in Tradd street?—A. About six years. 

Q. Are you a registered voter?—A. Yes, sir. 

Q. Did you vote on last election for Congressman?—A. No, sir. 

Q. Did you otter or try to vote?—A. Yes, sir; I did. 

Q. Where did you offer or try to vote?—A. Ward 2, first precinct. 

Q. Why was it that you did not vote?—A. Because I did not have my registration 
certificate. 

Q. I thought you told me you were a registered voter?—A. I always did have that; 
but after the new constitution, 1 did not get one. 

Q. Did you try to get one?—A. Yes, sir; I tried. 

Q. How many times did you try?—A. I was there four times. 

Q. Did you pay your poll tax?—A. Yes; I did. 

Q. Why was it that they did not allow you to register?—A. They read the new 
constitution and told me to explain it. I told them that I could not answer those 
questions. It was Latin and grammar, and I had not gone to school to study them, 

Q. How many times did you try to get registered?—A. Four times. 

Cross-examination by W. T. Logan, counsel for contestee: 

Q. How many times did you get into the registration office itself?—A. Once. 

Q. Were you prevented by the crowd each time?—A. Each time. 

Q. Did you stand in the white line or colored line?—A. In the colored line. 

Q. Can you read?—A. I can spell little. 

Q. Will you explain a section of the new constitution forme?—A. I could not 
explain when I can not read it. 

Q. Did you explain the section that was read to you at the registration office?—A. 
No, sir. 

Q. Did you take any appeal from the action of the board of supervisors?—A. No, 
sir; because I did not have money to go to the courts. 

Q. Did vou see anybody rejected on election day who had registration certifi¬ 
cates?—^' I did; W. W. Mosley. 

Q. Was he the only one you saw?—A. Another one—a man by the name of Sim¬ 
mons. 

Q. Why were they rejected? Do you know?—A. They said he did not live where 
his certificate called for. 

Q. Was that the same way with the other man, too?—A. Yes, sir. 

Q. Did you see their registration certificates?—A. I saw his certificate—both Sim¬ 
mons’s and W. W. Mosley’s. 

Q. What day was it that you went into the registration office?—A. It was on a 
Monday in June. 

Duncan (his x mark) Fraser. 

Sworn to before me this 10th day of February, 1897. 

[seal.] Solomon M. Brown, Notary Public . 

J. C. HIGGINS, being sworn, says: 

By J. B. Edwards, counsel for contestant: 

Q. Give your name, age, residence, and occupation.—A. J. C. Higgins; age, 52 
years; by occupation, stevedore; reside at 416 King street. 

Q. How long have you been a resident of the city of Charleston?—A. Ever since 
1867. 

Q. Are you a registered voter?—A. Yes, sir. 

Q. Where were you on election day, 3d of November last?—A. I were at the polls 
at the corner of John and Meeting streets, Ward 7, precinct 2. 


38 


MURRAY VS. ELLIOTT. 


Q. Did you see any voters rejected on that day?—A. I saw three. 

Q. Did they have registration certificates?—A. Yes, sir. 

Q. How near were you to the polls when they were rejected?—A. I was just out¬ 
side the barricade. 

Q. Did you hear what the managers said to the voters when they were rejected?— 
A. They said their registration certificates, the number on it, did not correspond with 
the book. 

Q. Did you visit the registration office during the registration of voters last year?— 
A. Yes, sir. 

Q. How often?—A. I was there four or five times. 

Q. Did you see any persons who applied for registration rejected?—A. Yes, sir; a 
great many. 

Cross-examination by W. T. Logan : 

Q. Do you know the names of those three voters whom you saw rejected?— A. 1 
do not. 

Q. Do you know where they live?—A. I do not. 

Q. Did you kuow the names of the managers at that poll?—A. I do not, sir. 

Q. How far was the end of the barricade from the ballot boxes?—A. About 18 or 
20 feet. 

Q. How far from that was the table at which you were stationed?—A. Just along 
the side of the barricade, outside of the door. 

Q. How many times were you in the registration office?—A. Twice. 

Q. Did you have any trouble in complying with the test at the registration 
office?—A. Yes, sir. The first time I got in they asked me if I could read. I told 
them a little. He handed me the book. I read two sections of what he asked me to 
read, and he asked me my age. I told him that I was 52, and he leave me standing 
there. At that time two white gentlemen came in and he took their names and gave 
them their certificates. He then turned around to me and said he could not give me 
a certificate, saying that I must go up to the courts for further satisfaction. I went 
back again in July. I could not get in. I went back in August. I got in and I 
read the constitution and got my certificate. 

Q. l r ou were given two trials to read the constitution ?—A. Yes, sir. 

Q. On the second trial you got your certificate?—A. Yes, sir. 

Q. Did you have any difficulty in voting?—A. No, sir. 

Q. You are a Republican and a colored man, are you not?—A. Yes, sir. 

J. C. Higgins. 


Sworn to before me this 10th day day of February, 1897. 

[seal.] Solomon M. Brown, Notary Public . 

JAMES RIVERS, Jr., being sworn, says: 

Examined by J. B. Edwards: 

Q. Give your name, age, residence, and occupation.—A. James Rivers, jr.; age 
26 years; residence, 36 Cedar street; by occupation a merchant. 

Q. How long have you lived in the city of Charleston?—A. Eleven years. 

Q. Are you a registered voter?—A. No, sir. 

Q. Did you make an effort to get a certificate?—A. I did. 

Q. How was it you did not get a registration certificate?—A. I was rejected by 
the supervisor. 

Q. Did you pay your poll tax?—A. I did, sir. 

Q. Why did the supervisor fail to register yoit?—A. He said I did not read satis¬ 
factorily to him. 

Q. Where were you on election day?—A. I was at the corner of Pine and Meeting 
streets, Ward 10, second precinct. 

Q. Did you try to vote on that day?—A. I did. 

Q. Did you see any other persons rejected on that day?—A. Three or four. 

Q. Did any of those whom you saw have poll-tax receipts or registration certifi¬ 
cates?—A. One had a registration certificate and three had poll-tax receipts. 

Cross-examination by W. T. Logan : 

Q. When you were rejected by the supervisors did you take an appeal?—A. No, sir. 

Q. Will you read a section of the constitution for me?—A. No, sir; I decline to 
read. 

Q. When were you at the registration office?—A. It was in May; I can’t remem¬ 
ber the day. 

Q. You said you were a merchant. What license tax do you pay?—A. Forty-four 
dollars and sixty-three cents. 

Q. What kind of a shop do you keep?—A. A wood yard. 


MURRAY VS. ELLIOTT. 


39 > 


Q. Were you stationed at the polls on election day?—A. No, sir. 

Q. What was the name of that voter who had a certificate?—A. I don’t know.. 

James Rivers,. Jr,. 

Sworn to before me this 10th day of February, 1897. 

[seal.] Solomon M. Brown, Notary Public . 

The taking of depositions in the above-entitled matter is, at 2.30 p. m., adjourned 
until 4.30 p. m. this day. 

S. M. Brown, Notary Public 

DANIEL WILEY, being sworn, says : 

By J. B. Edwards: 

Q. Give your name, age, residence, and occupation.—A. Daniel Wiley; age,. 62: 
years; reside at corner Montague and Pitt streets. 

Q. How long has it been since you came to Charleston to live?—A. I came tc» livnfr 
in Charleston one month after the shake, which makes ten years. 

Q. Are you a registered voter ?—A. I am. 

Q. Where were you on election day, 3d of November last?—A. I was in Ward 6T„ 
precinct 2. 

Q. What hour of the day did you get there?—A. I got there at 6 o’clock. 

Q. How long did you remain there?—A. I remain there until the polls closed'. 

Q. Did you see any of the voters rejected that day?—A. Oh, yes; I seen some. 

Q. Did any of those you saw rejected have tax receipts?—A. No. I saw som«ft 
with tax receipts. 

Q. How many of them had tax receipts?—A. Well, I can’t remember how many.. 

Q. Were you there when the votes were counted?—A. I was there on the outside,. 
I was near as I could get to them. 

Q. Who was on the inside?—A. I think there was four. One took down the box: 
and called the names and hand it to the other, and the man that was standing in, 
there with him would put the ballot into another box. 

Q. Were these four men who were counting the votes all white, or some of there? 
colored?—A. All white. 

Q. Did any colored person make an effort to see the count?—A. Yes; we tried to> 
get in but could not; the door was shut; could get no nearer than the window. 

Q. How near was the window from the ballot box?—A. About 3 feet; nothing less 
than 3. 

Q. Did you have anj r occasion to visit the registration office during the year 
1896?—A. Yes; I was there several times. 

Q. Did you see anyone rejected who offered to register?—A. No. 

Cross-examination by W. T. Logan: 

Q. Did you have any trouble in complying with the test when you applied to- 
register?—A. Well, I had to read. 

Q. How many times were you in the office?—A. I were there once; the first time 
I got in I was registered. 

Q. Were many colored people there?—A. Yes; lots of them. 

Q. Did you have any difficulty in voting?—A. I did not. 

Q. You are a Republican and a colored man, are you not?—A. I am a Republican 
and colored. 

Q. The one time you got into the registration office you got your certificate?— 
A. Yes; after many trials. 

Q. The many trials you speak of were the trouble caused by the crowd?—A. Yes,. 

sir. 

Q. Did you apply to the managers to see the count?—A. No; I did not, because- 
they closed the door immediately, and they were aware I were there all day distrib¬ 
uting tickets right at the polls. 

Q. Did you know of any colored man who applied to the managers?—A. No; S 
don’t. 

Q. How was the ballots counted? Was the box on the table?—A. It was on the 
table; one would take the ballots out of the box and would hand it to another; he 
called the name on the tickets first, but no one could see the face of those tickets 
but those two men. 

Q. The count was not made in private; there was no attempt to conceal any¬ 
thing?—A. I have stated that no one could see the face of the ballots but those two; 
I don’t know what their feeling was. 

Q. Do you know who the managers were?—A. No, sir; they were strangers to me. 

Q. Did you see anyone rejected who had a registration certificate?—A. No. 

D. Wiley. 

Sworn to before me this 10th day of February, 1897. 

[seal.] Solomon M. Brown, Notary Public . 


40 


MURRAY VS. ELLIOTT. 


Adjourned February 10 at 7 o’clock p. m. until 9.30 o’clock a m. February 11,1397. 

Present: J. B. Edwards and T. S. Sasportus, representing contestant, and W. T. 
Logan, representing contestee. 

DANIEL FERRETTE, being sworn, says: 

By Mr. Sasportus : 

<5. Give name, age, residence, occupation.—A. Daniel Ferrette; age, 58 years 5 
reside 51 Corning street; by occupation, carpenter. 

Q. How long have you been living in this city?—A. Forty years. 

Q. Are you a registered voter?—A. Yes, sir. 

Q. Did you vote on the day of election?—A. Yes, sir; I was one of the rallying 
committee. 

Q. You were a rallying committee, were you, around the polls all day ?—A. Aes, 
sir. 

Q. Did you see any person at all rejected?—A. Yes: a good many. 

Q. Did those persons show their poll-tax receipts?—A. Yes, sir; a good many had 
registration certificates, but did not have their poll-tax receipts; they had to have 
both, otherwise they could uot vote. 

Q. You say you registered here in the spring of last year; did you not have to 
produce your poll-tax receipt before you could get your registration certificate?—A. 
Yes, sir. 

Q. Did all the other persons who offered to register while you were at the regis¬ 
tration office have to produce poll-tax receipts as a prerequisite to registration?— 
A. Yes. 

Q. Did you observe any discrimination in the carrying out of the registration 
laws?—A. Yes; I see them take men from behind me, different colored men who 
were behind, and registered them and leave me standing in the line. 

Q. Do you mean to say these men were colored men ?—A. I told you a while ago 
that I saw white and colored and white men taken from behind me and allowed to 
register before me. 

Q. All of them who were taken from behind you were allowed to register?—A. 
All that was picked out got their certificate; I mean who were picked out from 
behind me. 

Q. Were those men who were picked out white men?—A. 1 told you that they 
were of both classes, white and colored. 

Cross-examination by W. T. Logan for contestee: 

Q. I understood you to say that you knew one of the colored men who was allowed 
to register before yourself, and that he was a member of the same military company 
with you. What was his name?—A. Henry Williams. 

Q. Do you know what his politics are?—A. I don’t know; he claims to be a 
Republican, but I can’t say until I see him vote. 

Q. Did you have any difficulty in complying -with the test?—A. Because I did not 
read or write. 

Q. Did you get your registration certificate?—A. Yes. 

Q. Are you a Republican and a colored man ?—A. Yes, sir. 

Q. Did you see anybody rejected at the polls who had a registration certificate?— 
A. Yes, sir. 

Q. I mean under the new constitution?—A. Yes, sir. 

Q. Will you give me the names of those persons?—A. Well, I don’t remember their 
names just now. 

Q. You don’t remember the names of a single one of them?—A. No. sir. 

Q. Do you know where any of them live?—A. No, sir. 

Q. Do you know what business they are in?—A. No, sir. 

Q. Did you see their registration certificates?—A. I saw their registration certi¬ 
ficates. 

Q. Can you read or write?—A. No, sir. 

Q. Would you be willing to swear to what was written on a single one of those 
tickets?—A. I won’t swear that they were, but we had well-read men there who 
could tell, and they read them over in my presence, and what was on theirs was on 
mine. 

Q. What precinct did you vote at?—A. At the first precinct, Ward 6 . 

Q. Did you have any difficulty in voting?—A. No, sir: after having the certificate. 

9- Do you know how many counties in this District?—A. I don’t know. 

Q. Were many colored men at the registration office and white men while you 
were there?—A. Plenty of them. 

Q. Did you remain "at the poll all day?—A. Not right at the poll, but around, 
being a rallying committee. 

Q. You were not immediately at the polls all day?—A. Not all day. 

Q. Those men you saw rejected who had registration certificates did not have poll- 


MURRAY VS. ELLIOTT. 41 

tax receipts, did they?—A. I said that the reason they were not allowed to vote was 
because they did not have their poll-tax receipts, having lost them. 

Redirect by Mr. Sasportus : 

Q. Do you know that Henry Williams held a position under the Democratic Admin¬ 
istration in this city?—A. I don’t know. 

Q. Were those men who were not allowed to vote Democrats or Republicans?—A. 
I don’t know. 

Q. Were they white or colored men?—A. They were colored men; I don’t deal 
with white men. 

Q. You said you were at the polls as a rallying committee; your business was not 
to inquire into other men’s business? 

(Counsel for coutestee objects to this question on the ground that it is not in reply 
to any question asked by counsel on the cross-examination, and the question simply 
consuming the time of the witness.) 

A. No, sir. 

Daniel (his x mark) Ferrette. 

Sworn to before me this 11th day of February, A. D. 1897. 

[seal.] Solomon M. Brown, Notary Public . 

D. W. WILSON, being sworn, says: 

By Mr. Sasportus: 

Q. Give your name, age, residence, and occupation.—A. D. W. Wilson; age, 23, 
11th of April; resides at 63 Society street; by occupation, barber. 

Q. In what ward and precinct is that?—A. Ward 6, precinct 1. 

Q. Were you at the polls on 3d November last?—A. Yes, sir. 

Q. How long did you stay there?—A. I stayed there the entire day. 

Q. What was your business at that polls?—A. My business was to take the names 
of rejected voters and witness the same. 

Q. Did you witness any rejections at all?—A. Yes, sir. 

Q. Well, after seeing these people rejected or refused the right to vote, what did 
you do?—A. I then gave them one of those blanks and taken their names. 

Q. What did they do with those blanks?—A. Those who could write wrote their 
names and those who could not signed with a cross mark 

Q. What are these [handing witness a batch of papers]?—A. They are blanks. 

Q. Did you see those blanks before?—A. I did, sir. 

Q. Did you sign them?—A. Yes; there is thirty-six. 

Q. You signed those as witness?—A. Yes, sir. 

Q. Did you see each man sign his name or make his mark?—A. Yes, sir. 

Q. Anybody else besides yourself witness those affidavits, or rather witness the 
execution of them?—A. Yes, sir. 

Q. Did any person subscribe as a witness to those affidavits?—A. Yes, sir. 

Q. Who was that other person?—A. C. H. Smith. 

(Counsel offers the papers just above referred to as Exhibit T. 

Counsel for contestee objects to the introduction of these affidavits on the follow¬ 
ing ground: First, that the affiants themselves are the proper persons to testify and 
should be called as witnesses; second, that the affidavits are not in response to any 
of the notices given in the notice of contest; third, by this method of proceeding 
contestee is deprived of the right of cross-examination. And further these affi¬ 
davits do not come from the possession of the notary.) 

Cross-examination by W. T. Logan : 

Q. Are you a registered voter?—A. No, sir. 

Q. Did you see anybody rejected and not allowed to vote who had a registration 
certificate?—A. No, sir. 

Q. Where were you stationed that day with reference to the barricade at the 
polls?—A. Well, about one yard. 

Q. Were you in that same position all day?—A. Yes, sir. 

Q. How long do you think that barricade was?—A. It extended about three feet 
beyond the pavement. 

Q. Do you think it was about fifteen or twenty feet long?—A. Not paying any par¬ 
ticular attention to the length of the barricade, I don’t know. 

Q. Do you know whether the pavement was wide or narrow there?—A. It was 
medium built; 1 can’t say wide or narrow. 

Q. Were you kept busy during the day at the poll?—A. Well, no, sir; not very 
busy. 

Q. AVere you on what is known as the rallying committee?—A. No, sir. 

Q. AVhat were your duties at the poll?—A. To take the refused person’s names or 
take the names of persons who were refused the right to vote. 


42 


MURRAY VS. ELLIOTT. 


Redirect: 

Q. You said you were just one yard from tlie poll. Do you mean from the boxes?— 
A. Well, no; 1 will say from the door. 

Q. How far were you from the ballot boxes?—A. Well, about three yards. 

D. W. Wilson. 

Sworn to before me this lltli day February, 1897. 

Solomon M. Brown, Notary Public. 

Exhibit T. 

Blank No. 1. 

State of South Carolina, Charleston County. 

This certifies that the undersigned, being over the age 21, male resident of the 
voting precinct one, of Ward 6, and legally qualified to register and vote therein, 
did, on this, the 3d day of November, 1896, present himself at the said voting precinct 
to vote for Geo. W. Murray, the Republican candidate for Congress in the First dis¬ 
trict of said State, desiring and intending to vote for the said Geo. W. Murray, and 
upon his attempting to so vote, was denied the right to so vote, and his vote thus 
offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration, under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right to 
register; and he further states that if he had been permitted to register and to vote 
at said election, he would have voted for Geo. W. Murray, the Republican candidate 
for Congress in said district. 

And the undersigned further states that he is qualified even under the present 
constitution, as he can read and write, as evidenced by the fact that he signs this in 
his own handwriting. 

C. Baxter. 

Witnesses: 

D. W. Wilson. 

C. H. Smith. 

Personally appeared C. Baxter, and made oath that the above statement is correct. 

H. W. Purvis, Notary Public. 

Charleston, S. C., January 21st, 1897. 

[Forty-three affidavits, same as above, signed and witnessed, filed with this exhibit.] 

Adjourned until 10 o’clock, February 12, 1897. 

[seal.] S. M. Brown, Notary Public. 

Charleston, S. C., February, 1897. 

Pursuant to adjournment the taking of depositions resumed at No. 110 Church 
street, Charleston, S. C., at 10 o’clock a. m. this day, at which time and place the 
following witnesses were examined on behalf of contestant, T. S. Sasportas. Those 
being present: T. S. Sasportas, representing contestant, and W. T. Logan, represent¬ 
ing contestee. 

J. B. BURNS, being sworn, says: 

Examined by Sasportas : 

Q. Give your name, age, residence, and occupation.—A. J. B. Burns; age, 43 years; 
resides 31 King street; by occupation, laborer. 

Q. What ward and precinct is that?—A. Ward 2, precinct 2. 

Q. Are you a registered voter?—A. Yes, sir; I am, sir. 

Q. Did you experience any difficulty in procuring your registration certificate?— 
A. No more than reading the constitution and explaining a few words that was 
asked and write my name. 

Q. All of these things were required of you before you obtained your registration 
certificate?—A. All before I got my registration certificate; also had to show my 
poll-tax receipt. 

Q. Did you vote on the day of election?—A. I did. 

Q. Were you present at the polls during the day of election?—A. I was, all day. 

Q. Did you have any special reason for remaining all day?—A. I had, as a rallying 
committee. 

Q. What was your duty as such committeeman?—A. Anyone who came to instruct 
them which was Mr. Murray’s ticket. 


MURRAY VS. ELLIOTT. 43 

Q. Did you do anything else there?—A. Y r es; I signed the affidavits of those who 
did not have their registration certificates. 

Q. Did you sign some affidavits?—A. I did. 

Q. Do you know how many?—A. Yes; four. 

Q. Are these the affidavits that you signed?—A. Yes, sir. 

Q. Did anybody else sign these affidavits as witnesses?—A. Yes. 

Q. Did the parties who were rejected at the polls sign these affidavits in your 
presence?—A. Yes. 

(Counsel for contestant introduced as Exhibit S. 

Counsel for contestee objects to the introduction of these affidavits upon the ground 
already stated to similar papers, marked Exhibit L.) 

Cross-examined by W. T. Logan, Esq.: 

Q. Did any other person have to comply with the same test at the register’s office 
which you did?—A. Yes. 

Q. Did you have any difficulty in voting?—A. None. 

Q. You are a Republican and a colored man, are you not?—A. Yes. 

Q. Did you see anybody who had a registration certificate rejected on election 
day?—A. No. 

Q. How far were you stationed from the entrance to the barricade that led to the 
ballot boxes?—A. I was right up to it; just the barricade separated us. 

Q. How long do you suppose the barricade was?—A. About 7 or 8 feet. 

Q. Not more than 10?—A. No more than 10 feet. 

Q. Did you remain at the barricade all day?—A. I remained at the poll all day. 

J. 11. Burns. 

Sworn to before me this 12th February, A. D. 1897. 

[seal.] Solomon M. Brown, Notary Public. 

Exhibit S.—Filed in evidence, eight affidavits of Ward 2, second precinct. H. W. 

Purvis, notary public. Filed February 9, 1897. 

Blank No. 1. 

State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age 21, male resident of the voting- 
precinct Low 2, ofWard 2, and legally qualified to register and vote therein, did, on 
this the 3d day of November, 1896, present h’mself at the said voting precinct to vote 
for Geo. W. Murray, the Republican candidate for Congress in the First district of 
said State, desiring and intending to vote for the said Geo. W. Murray, and, upon his 
attempting to so vote, was denied the right to so vote, and his vote thus offered to 
the proper officer was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Carolina, 
being entitled to such registration, but had been refused and denied the right to 
register; and he further states that if he had been permitted to register and to vote 
at said election, he would have Amted for Geo. W. Murray, the Republican candidate 
for Congress in said district. 

And the undersigned further states that he is qualified even under the present 
constitution, as he can read and write, as evidenced by the fact that he signs this in 
his own handwriting. 

O. R. (his x mark) Randal. 

Y. H. Heyward, 

W. E. Simmons, 

Witnesses. 

[Four affidavits same as above, signed and witnessed, filed with this exhibit.] 

Blank No. 2. 

State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct Low of Ward 2, and legally qualified to register and vote therein, 
did, on this the 3d day of November, 1896, present himself at the said voting precinct 
to vote for Geo. W. Murray, the Republican candidate for Congress in the First dis¬ 
trict of said State, desiring and intending to vote for the said Geo. W. Murray, and, 
upon his attempting to so vote, was denied the right to so vote, and his vote thus 
offered to the proper officers w^as rejected. 

And the undersigned further states that prior to such an attempt to vote and, as 
required by statute, he had applied for registration under the laws of South Carolina, 


44 


MURRAY VS. ELLIOTT. 


being entitled to such registration, but liad been refused and denied the right to regis¬ 
ter, and further states that if he had been permitted to register and to vote at said 
election he would have voted for the said Geo. W. Murray, the Republican candidate 
for Congress in said district. 

P. (his x mark) Roberson. 

.T. P>. Burns, 

W. E. Simmons, 

IV it nesses. 

[Two affidavits same as above, signed and witnessed, filed with this exhibit.] 

I. D. KNIGHTS, sworn: 

Examined by T. S. Sasportas, Esq.: 

Q. Give your name, age, residence, and occupation.—A. I. I). Knights: age, 39 
years; residence, 3 A street; by occupation, wood merchant. 

Q. What ward and precinct is that?—A. Ward 10, second precinct. 

Q. Are you a registered voter?—A. I am. 

Q. Were you at the registration office often during the period of registration?— 
A. I was. 

Q. What were you doing there?—A. I was there instructing the voters how to get 
their certificates; that is, to read different sections of the constitution. 

Q. Was there much interest manifested by the Republicans in their efforts to pro¬ 
cure registration certificates?—A. There was. 

Q. Did all of them obtain registration certificates who could read?—A. No. 

Q. Were those persons who could read and who were refused registration certifi¬ 
cates Democrats or Republicans?—A. They were Republicans. 

Q. Did those persons have poll-tax receipts?—A. They did. 

Q. Did you vote on the day of election?—A. Yes; I did. 

Q. Were you at the poll any length of time during election day?—A. I was there 
during the entire day. My business there was to take the affidavits of those persons 
that were rejected by the managers. 

Q. Were there any persons rejected?—A. There were. 

Q. Were those persons supporters of Mr. Murray or Mr. Elliott?—A. They were 
supporters of Mr. Murray. 

Q. AVere any of Mr. Elliott’s supporters rejected at that precinct?—A. No, sir. 

Q. Did you observe anything especially bearing against the interest of Mr. Murray 
in the management of that poll? 

(Counsel for contestee objects to this question on the grounds that it is too vague 
and indefinite, and the answer can merely be the opinion of a biased witness.) 

A. I don’t know of anything but the rejection of those voters. 

Q. Did all persons who were rejected at that poll make affidavits in relation to 
their rejection by the managers of election?—A. Yes, sir; they did. 

Q. Did you witness the execution of any of those affidavits?—A. Yes. 

(Counsel hands witness paper and asks him what they are.) 

A. These are affidavits. 

Q. Is your name on there as a subscribing witness?—A. Yes, sir. 

Q. Were those papers signed in your presence?—A. They were. 

Q. Was anybody else present when the papers were signed?—A. Yes. 

Q. Does that person’s name appear on that paper as a subscribing witness ?—A. Yes. 

(Counsel introduces as Exhibits L. 

Counsel for contestee objects to the introduction of these papers upon the same 
grounds as those offered to similar papers marked Exhibits L.) 

Cross-examined by W. T. Logan, Esq.: 

Q. Did you have any difficulty in complying with the request at the registration 
office?—A. All I had was to read a section of the constitution and show my poll-tax 
receipt. 

Q. Did you have any difficulty in voting?—A. I did not. 

Q. You are a Republican and colored man, are you not?—A. I am. 

Q. Did you see any persons on election day not allowed to vote who had registra¬ 
tion certificates?—A. No, sir. 

Q. How many times were you in the registration office itself?—A. Once. 

Q. Well, how long were you in there?—A. About ten minutes. 

Q. Are you personally acquainted with all of Colonel Elliott’s supporters in Ward 
10, precinct 2?—-A. No, sir. 

Q. If any of them had been rejected, would they have come to you to make out an 
affidavit to that effect?—A. That is hard to say. I could not answer that. 

Q. How far was you stationed from the entrance to the poll?—A. I was right at 
the entrance. 

Q. Did you have a table there?—A. I did. 


MURRAY VS. ELLIOTT. 


45 


Q. Was that table touching the barricade?—A. Yes. 

Q. Were you stationed there all day?—A. I was only a few minutes; someone took 
my place. 

Q. How long do you think that barricade Avas?—A. About 3 or 4 feet. 

Q. Were many white people at the registration office while you were there?— 
A. A good deal. 

I. 1). Knights. 

Sworn to before me this 12th February, A. D. 1897. 

[seal.] Solomon M. Blown, Notary Public. 

Exhibit L.—February 5, 1897. 1st precinct, Ward No. 10. H. W. Purvis, N. P. 

Blank No. 1. 

State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age 21, male resident of the 
voting precinct first, o Ward Ten, and legally qualified to register and vote therein, 
did, on this, the 3d day of November, 1896, present himself at the said voting pre¬ 
cinct to vote for Geo. W. Murray, the Republican candidate for Congress in the First 
district of said State, desiring and intending to vote for the said Geo. W. Murray, 
and, upon his attempting to so vote, was denied the right to so vote, and his vote 
thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration, under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and he further states that if he had been permitted to register and to 
vote at said election, he would have voted for Geo. W. Murray, the Republican can¬ 
didate for Congress in said district. 

And the undersigned further states that he is qualified even under the present 
constitution, as he can read and write, as evidenced by the fact that he signs this in 
his own handwriting. 

Benj. Elliott. 

Witnesses: 

R. B. Singleton, 

John W. Fennick, 

Personally appeared Ben. Elliott and made oath that the above statement is correct. 

[seal.] S. B. Doilly, Notary Public. 

Nov. 3, 1896. 

[Seven affidavits, same as above, signed and witnessed, filed with this exhibit.] 

Blank No. 2. 

State of South Carolina, Charleston Comity: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct first, of Ward Ten, and legally qualified to register and vote therein, 
did, on this, the 3d day of November, 1896, present himself at the said voting pre¬ 
cinct to vote for Geo. W. Murray, the Republican candidate for Congress in the First 
district of said State, desiring and intending to vote for the said Geo. W. Murray, 
and, upon his attempting to so vote, was denied the right to so vote, and his vote 
thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being" entitled to such registration, but had been refused and denied the right 
to register, and further states that if he had been permitted to register and to vote 
at said election, he would have voted for the said Geo. W. Murray, the Republican 
candidate for Congress in said district. 

George Village. 

Witnesses: 

R. B. Singleton, 

Peter Morris, 

Personally appeared George Village and made oath that the above statement is 
correct. 

[seal.] S. B. Doilly, Notary Public. 

Nov. 3, 1896. 

[Seven affidavits, same as above, signed and witnessed, filed with this exhibit.] 

Adjourned at 1.30 o’clock February 12 until 10 o’clock February 13, 1897. 


46 


MURRAY VS. ELLIOTT. 


Charleston, S. C., February 13, 1897. 

Pursuant to adjournment the taking of depositions was resumed at 10 o’clock a. m. 
this day at No. 110 Church street, at which time and place the following were pres¬ 
ent: J. B. Edwards, esq., representing contestant, and W. T. Logan, esq., represent¬ 
ing contestee. The following witnesses were examined: 

I. RIVERS, sworn: 

Examined by J. B. Edwards: 

Q. Give your name, age, residence, and occupation.—A. I. Rivers; age, 47 years; 
resides 168 Line street; by occupation, spring-cart driver. 

Q. Are you a registered voter of this districtf—A. No, sir. 

Q. Did you ever try to get registered?—A. Yes, sir. 

Q. How often did you try?—A. Twice, sir. 

Q. How was it that you did not get registered?—A. Because I could not read the 
constitution. 

Q. Did you have your poll-tax receipt when you attempted to register?—A. Yes, 
sir. 

Q. How long have you lived in the city of Charleston?—A. I was horned and 
raised in the city of Charleston. 

Q. How long have you lived at 168 Line street?—A. Very near four years. 

Cross-examined by W. T. Logan, esq.: 

Q. When you could not read the constitution at the registrar’s office, were you 
asked to explain ?—A. I told them I could not read, and they told me I could not 
register, and I did not ask anything further. 

Q. Do you think you could explain a section of the constitution if I was to read it 
to you?—A. I would try, but I won’t say I can, because I can't read. 

(Counsel for contestee reads witness section 8 of article 1 of the constitution and 
asks him to explain it. 

Counsel for contestant objects to the explanation by this witness of the section of 
the constitution just read to him by counsel for contestee, upon the ground that his 
explanation is not in response to any of the issues raised in this contest; upon the 
further ground that the board of supervisors are made the judges of the fact whether 
the parties explain satisfactorily or not; upon the further ground that there is no 
evidence here to show that the section just read is the same as submitted to witness 
by the supervisors for his explanation at the time lie applied for his registration.) 

A. I don’t think 1 can explain it. 

Q. Did you take an appeal from the action of the board of supervisors when you 
were not allowed to register?—A. No, sir; I did not. 

Q. Were you allowed two opportunities to obtain a registration certificate?—A. 
No, sir; I went twice; the first I did not get in the office, and second time I got in. 

J. (his x mark) Rivers. 

Sworn to before me this 13th day of February, 1897. 

[seal.] Solomon M. Brown, Noiary Public. 

JOSEPH SMITH, being sworn, says: 

Examined by J. B. Edwards: 

Q. Give your name, age, residence, and occupation.—A. Joseph Smith; age, 22 
years; residence, 52 Market street; by occupation, barber. 

Q. How long have you lived in Charleston?—A. I have lived in Charleston fifteen 
years. 

Q. Where were you the 3d day of November last—election day?—A. I were at the 
polls, Ward 3, second precinct. 

Q. Where was that poll situated?—A. Under the market hall. 

Q. Did you see any persons offered to vote that day whose votes were rejected?— 
A. Yes, sir. 

Q. About how many?—A. I suppose about ten. 

Q. (Counsel for contestant hands witness a batch of papers and asks wliat they 
are.)—A. These are certificates purporting to be sworn to; there are 11 of them. 

Q. Who witnessed those papers?—A. Miller and myself. 

Q. Examine those papers and see if any of those parties wrote their own names.— 
A. I find four who written their own names. 

Q. Did any of those parties have registration certificates?—A. They did not. 

Q. Did they have poll-tax receipts?—A. They did. 

Cross-examined by W. T. Logan, Esq.: 

Q. Are you a registered voter?—A. No, sir. 

Q. How long were you at the polls that day ?—A. From 10 o’clock until the closing 
of the poll. 


MURRAY YS. ELLIOTT. 


47 


Q. How far were you from tlie entrance of the poll?—A. I were standing right at 
the entrance, except when necessary business called me away to sign the certificates. 

Q. Did you try to get a registration certificate?—A. I did try, hut it was crowded, 
and it was rather late, and on account of the crowd I did not get one. 

Joseph Smith. 

Sworn to before me this 13th day of February, 1897. 

[seal.] Solomon M. Brown, Notary Public. 

W. R. JACKSON, being sworn, says: 

Examined by J. B. Edwards: 

Q. Give your name, age, residence, and occupation.—A. W. R. Jackson; age, 35 
years; reside in St. Philips and St. Michels parish; by occupation a farmer. 

Q. How long have you been living iu St. Philips and St. Michels?—A. About 
twenty years. 

Q. Where were you the 3d of November, election day, last?—A. I were near the 
3-mile house. 

Q. Did you see any parties who offered to vote that day who were rejected?—A. 
Yes, sir. 

Q. About how many?—A. About 179; yes, 179. 

Q. Who witnessed those papers along with you?—A. Sam Williams. 

Q. Did any of those parties whom you saw rejected have registration certificates ?— 
A. No, sir. 

Q. Did any of them have poll-tax receipts?—A. Yes, sir. 

Q. About how many have poll-tax receipts?—A. All of them. 

Q. Were you at the polls when the votes were counted?—A. Yes, sir. 

Q. How many persons were inside of the poll while the votes were being counted?— 
A. Two or three. 

Q. Was there any colored person allowed inside the polls while the votes were 
being counted?—A. No, sir. 

Q. Did any colored person ask to see the count?—A. No, sir. 

Cross-examined by W. T. Logan, Esq.: 

Q. How long were you at the poll on election day ?—A. 1 arrive there something 
after 10 and remain there until the polls were closed. 

Q. The polls opened at 7 o’clock, were they not?—A. I don’t know what time they 
opened as I got there 10 o’clock. 

Q. They were opened some time before you got there?—A. Yes, sir. 

Q. Did you vote on election day?—A. Yes, sir. 

Q. Did you have any difficulty iu voting?—A. No, sir. 

Q. You are a Republican and colored man, are you not?—A. Yes, sir. 

W. R. Jackson. 

Sworn to before me this 13th day of February, 1897. 

[seal.] Solomon M. Brown, Notary Public. 

WILLIAM H. GIBBS, being sworn, says: 

Examined by J. B. Edwards: 

Q. Give your name, age, residence, ami occupation.—A. William H. Gibbs; age, 
35 years; reside, Ashley avenue and Congress street; occupation, tinner. 

Q. How long have yon lived in the city ?—A. I was horned and raised here. 

Q. Are you a registered voter?—A. Yes, sir; I am. 

Q. Did'you have occasion to visit the registration office during the registration of 
1896?—A. I did. 

Q. How often did you visit that office?—A. Every day, very near, for about six 
weeks. 

Q. During that time did you see any persons who applied for certificates rejected?— 
A. Yes; they rejected me the first time I went, because I did not have my tax receipt 
with me and I had to go home and get it. 

Q. Did any of the parties you saw rejected have poll tax receipts?—A. Yes. 

Q. Where were you on the day of election the 3d of November last?—A. I was at 
the first precinct of Ward 7. 

Q. Did you see any persons who offered to vote that day rejected?—A. Yes. 

Q. About how many ?—A. I don't remember how many. I know there was over 50. 

Q. Did any of those persons whom you saw rejected have registration certificates ?— 
A. One man. 

Q. Did any of them have poll-tax receipts?—A. Yes, sir. 

Cross-examined by W. T. Logan, esq.: 

Q. Do you know the name of the man who was rejected that had a registration 
certificate?—A. I don’t know. 


48 


MURRAY VS. ELLIOTT. 


Q. Do you know where lie lives?—A. No. 

Q. Do you know what his business is?—A. He is a laborer. 

Q. Do you know why he was rejected?—A. He said the reason why he was rejected 
was that the date or something was wrong. 

Q. Did you see his certificate?—A. Yes; I looked at it. 

Q. Did you vote on election day?—A. I did. 

Q. Did you have any difficulty in voting?—A. No, sir. 

Q. You are a Republican and colored man, are you not?—A. Yes, sir. 

W. H. Gibbs. 

Sworn to before me this 13tli day of February, 1897. 

[seal.] Solomon M. Brown, Notary Public. 

Adjourned until 4.30 o’clock p. m., February 13, 1897. 

Solomon M. Brown, Notary Public. 

M. CAULFIELD, being sworn, says: 

Examined by J. B. Edwards: 

Q. Give your name, age, residence, and occupation.—A. M. Caulfield; age 56 
years; resides at 61 Laurens street; occupation, architect and builder. 

Q. How long have you resided in this city?—A. For about forty*three years. 

Q. During the registration of voters in 1896, did you have an occasion to visit 
the registration office?—A. I had a call there twice. 

Q. During that time did you witness the rejection of any parties who offered to 
register?—A. I saw some rejected by the supervisors. 

Q. About how many?—A. I think two on the first occasion, and about two or three 
the other. 

Q. Did any of these parties, whom you saw rejected, have poll tax receipts?—A. 
Yes; two got their receipts under my advice and on the second. I did not know as 
they were from Ward 8; and I asked them if they needed any assistance; they were 
complaining about it, and they said they were qualified. 

Q. Did you visit any of the polls during the election?—A. I did not visit any of 
the polls, but spent all of my time in my ward and precinct, taking more interest 
than ever in any election. 

Q. Were you present at your precinct during the counting of the votes?—A. No; 
I was not present; 1 made an effort to be present, but the managers refused me. 

Q. Could anyone from outside of the booth see or tell how the votes were being 
canvassed?—A. No; it was absolutely impossible for anyone on the outside to see or 
tell the contents of the ballots. 

Q. To what political party did the managers of election, in the city of Charleston, 
at the last federal election belonged?—A. The managers of election, so far as I were 
impressed of them, were Democrats; and all I know about them was seeing their 
names in print; and they were Democrats as far as my impression. 

Q. Did you see any parties rejected on the day of election at your precinct?—A. 
Yes; I saw a great number. 

Q. Did any of these parties whom you saw have registration certificates?—A. I 
don’t know. I know there was the greatest disposition that I have seen, since the 
days of reconstruction, on the part of white men to vote the Republican ticket. At 
first there was some embarrasment in not finding the tickets after the tickets were 
displayed where they could be easily be gotten at; they were pretty generally voted, 
and I am satisfied that Murray got 75 votes at that precinct, 43 of whom I am sure 
of; as I tallied the men as they voted. 

Cross-examined by W. T. Logan, esq.: 

Q. You say you took the Republican tickets and put them on the table with the 
Democratic tickets by agreement with the managers of election?—A. I placed those 
tickets on the Democratic table with the consent of the Democratic ralliers. 

Q. Those tickets were allowed to remain there so that all who wished might vote 
the Republican ticket?—A. Yes; that is right. 

Q. Do you know who were the managers of that poll?—A. No; I don’t know. I 
think Mr. Pringle was one; I may be mistaken. 

Q. You say you were not allowed to witness the count of the vote?—A. That is 
what I have already stated. 

Q. You are a white man are you not?—A. Yes. 

Q. You say you saw a number of persons who was rejected; about how many 
were they?—A. I could not make any estimate, but I saw a good many. 

Q. Did you have any difficulty in getting a registration certificate?—A. None, 
whatever; nor in voting. 

Q. How long were you at the poll that day?—A. I might have been absent about 
an hour. 


MURRAY VS. ELLIOTT. 49 

• 

Q. How far were you stationed from the entrance of the poll?—A. I had access 
up to the door; stationed no particular place. 

Q. How far do you think the wooden barricade was from the ballot boxes?—A. 
Well, about 15 feet. 

Q. Did you walk into the voting place with the voters who had Murray's tickets?— 
A. No, sir; I did not, nor anybody else. 

Q. Could you tell for what candidate the voter actually cast his ballot?—A. The 
disposition of those men who took up those tickets, I know they voted for Murray. 

Q. Could you tell the names of any of the ballots that was deposited by the voter 
in the ballot boxes?—A. Those voters who took up those tickets which had on them 
Murray for Congress and the straight Republican tickets for electors, I swear were 
voted for them. I mean the 43 I tallied and the balance done the same. 

Q. How many persons witnessed the count at that precinct?— A. I don't know. 

Q. If there was any disposition to vote the Republican ticket, don't you know 
that it was confined to the Republican Presidential electors?—A. In that precinct the 
disposition and determination of the greatest quantity of those who voted were 
absolutely determined to vote against Mr. Elliott and was favorable to Mr. Murray. 

Q. Of all those 43 voters that you kept tally of and whom you are willing to 
swear voted for Murray, how many of them were white men?—A. The whole of 
them were white men; I am not talking about colored men at all. 

Q. Can you give me a few of the names?—A. No; I will not. 

Q. You will not give me the names of one?—A. I will not divulge or act as a spy 
for or against the right of the voters, as every man has the right to vote as lie 
pleases. 

Q. You say the ballot is a secret one, and yet you swear that you saw 43 men take 
Murray tickets, walk up to the ballot box, drop those ballots in the box, and you 
saw they were Murray tickets when they were dropped in.—A. That in no part have 
I stated that the ballot was secret one, and the rest of the question I decline to 
answer. 

Q. Who was the other Republican candidate for Congress in this district?—A. I 
don't consider there was any other but Murray. I heard of a man by the name of 
Cohen who is said to be put up as candidate by the Democratic party, assuming to 
be a Republican; that upon the investigation of the Republican Congressional com¬ 
mittee it was found that he was not a proper candidate for Congress. Therefore, I 
consider there was no Republican candidate but Mr. Murray. 

Q. You have been in politics a long time, havent/t you?—A. Never was a poli¬ 
tician. 

M. Caulfield. 

Sworn to before me this 13th day of February, 1897. 

[seal.] Solomon M. Brown, Notary Public. 

Adjourn until February 15, 1897. 

Solomon M. Brown, Notary Public. 

Notice to take depositions. 

State of South Carolina, County of Charleston: 

I, Solomon M. Brown, a notary public in and for the State of South Carolina, do 
hereby certify that the deponents herein mentioned and duly summoned, to wit: F. F. 
Bryant, W. B. Scriven, J. E. Hicks, R. W. Holloway, C. S. Vonderhorst, H. G. Perrin, 
Joshua E. Fentior, James Pinckney, Isaac Saulters, Thaddeus Smalls, Henry Pluger, 
Jas. Smith. G. W. Matthews, Braxton M. Holmes, Jno. Fraser, Nepolian Jenkins, Dun¬ 
can Frazer, J. C. Higgans, Jas. Rivers, jr., Daniel Wiley, Daniel Frerette, D. W. Wil¬ 
son, J. B. Burnes, I. D. Knights, I. Rivers, Jos. Smith, W. R. Jackson, W. H. Gibbs, and 
M. Caulfield; and produced by contestant, personally appeared before me at Charles¬ 
ton, in the county of Charleston, and within the Congressional district aforesaid, on 
the 25th, 26th, 28th, 29th, and 30th of January, and the 10th, 11th, 12th, and 13th 
days of February, 1897, and after being duly sworn to speak the truth and nothing 
but the truth in'the matter of the said contested election, gave and subscribed the 
foregoing depositions; that I caused the testimony of said deponents with questions 
propounded by both contestant and contestee, to be reduced to writing, and in the 
presence of the witnesses and counsels, respectively, and caused said testimony to 
be carefully read to deponent before the same was suInscribed by them and I further 
certify that each and every erasure, substitution, and interlineation that appear in 
any part of the records of the foregoing depositions were made, substituted, or inter¬ 
lined in the presence of the deponent and before such depositions were subscribed 
by them or him. 

Witness my hand and seal this 14tli day of April, A. D. 1897. 

[seal.] Solomon M. Brown, Notary Public , 

17745-4 



50 


MURRAY VS. ELLIOTT. 


Notice to take depositions. 


■State of South Carolina, Count}/of Charleston: 

Hon. Wm. Elliott, Contestee: 

You will please take notice that I intend to take the depositions of Jos. Smith, 
J. A. Miller, K. G. F. Gibson, and J. Johnson, of Ward 3; J. A. Minges, E. W. Williams, 
■and R. Kennedy, of Ward 4; Paul Bessard, of Ward 3; E. D. Jones, S. M. Holmes, of 
Ward 6; Wm. Peas, H. T. Martin, G. S. Patterson, of Ward 9; Geo. Clark, E. L. Dingle, 
of Ward 1; .J. F. Drayton, H. L. Smalls, Geo. P. McClay, of Ward 11; J. C. Berry, \\ . J. 
Fields, Wm. Middleton, E. A. Washington, W. J. Martin, W. B. Edwards, of Ward 12; 
J. H. Hayes, J. W. Fennick, of Ward 10; Sam Williams and Wm. R. Jackson, ol St. 
St. Phillip and St. Michael, all of whom are residents of the State and county afore¬ 
said, at the office of Edwards & Sasportas, No. 110 Church street, the city of Charles¬ 
ton, in the aforesaid State and county, on Thursday, February 4, 1897, at 10 o’clock 
a. m., who will be examined before H. W. Purvis, a notary public in and for the State 
of South Carolina, or some other officer duly authorized by the laws of the United 
States to take depositions in contested election cases, as witnesses on my behalf in 
my contest of your pretended election as a Representative in the Fifty-fifth Congress 
of the United States from the First Congressional district of South Carolina; such 
examination to be continued from day to day until completed. 

Dated at Charleston, S. C., February 2, 1897. 

AY. F. Myers, 

Attorney for C. W. Murray , Contestant. 


I accept service of within notice of intention to take testimony this 3d day of 
February, 1897. 

Jos. AY. Barnwell, 
Counsel for William Elliott. 


Notice to take depositions. 


State of South Carolina, County of Charleston: 

Hon. Wm. Elliott, Contestant: 

You will please take notice that I intend to take the depositions of Jas. R. Small, 
No. 327 Rutledge avenue; J). AA r . H. Curry, 186 Line street; Wm. Pochers, 13 Lounds 
court; Jacob Pocher, Ashley avenue; P. Cannapaugh, 14 Newnanstreet; Fred Rhame, 
Bogard street; Wm. Rhode, Bogard street; G. McHunney, 59 King street; Geo. Moses, 
6 Mary street; R. Gibbs, 27 Franklin street; C. McFall, 479 Meeting street; W. J. 
Grant, Calhoun street; S. Green, 24 H street; H. S. Perry, 29 Cooper street; C. F. Cave, 
Five Mile House; I. M. Johnson, Coming street; Lazarrus White, 54 Washington 
street; J. L. C. Smalls, 55 Drake street; Jno. Hernhorn, Ashley avenue; G. S. Patter¬ 
son, Ward 2; B. H. Hamilton, Ward 8; J. B. Campbell, Ward 8; H. B. Norsette, Ogier 
street; Wm. Green, 56 Beaufain street; E. Gourdine, Elizabeth street, all of whom are 
residents of the State and county aforesaid, at the office of Edwards & Sasportas, 
No. 110 Church street, in the city of Charleston, S. C., on Saturday, February 6,1897, 
at 9.30 o’clock a. m., who will be examined before H. AY. Purvis, a notary public in 
and for the State of South Carolina, or some other officer duly authorized by the 
laws of the United States to take depositions in contested election cases, as witnesses 
on my behalf in my contest of your pretended election as a Representative in Fifty- 
fifth Congress of the United States from the First Congressional district of South 
Carolina; such examinations to be continued from day to day until completed. 

Dated at Charleston, S. C., February 4,1897. 

AY. F. Myers, 

Attorney for George W. Murray , Contestant. 


I accept service of a copy of within notice to take testimony this 4th day of Feb¬ 
ruary, 1897. 


Jos. W. Barnwell, Counsel for Contestee. 


Notice to take depositions. 

State of South Carolina, County of Charleston : 

Hon. AA r M. Elliott, Contestee: 

You will please take notice that I intend to take the depositions of D. AV. Wilson, 
Ward 6; C. H. Smith, Ward 6; Dan'l Farette, 47 Corning street; B. M. Holmes, 12 
Short street; J. Rivers, 168 Line street; W. D. Crum, Corning street; J. A. Nolan, 
Read’s store, King street ; Duncan Fraser, Chisolm Mill; J. Rivers, Cool Blow; A. T. 
Clauss, corner Shepherd and Line streets; J. C. Higgins, 416 King street; Jno. Fra¬ 
ser, Chalmers street; N. Jenkins, 55 Tradd street; D. AA r iley, Corning and Pitt streets; 


MURRAY VS. ELLIOTT. 


51 


C. Miller, Montague street; Geo. I. Cunningham, Broad street; all of whom are res¬ 
idents of the city of Charleston, State and county aforesaid, at the office of Edwards 
& Sasportas, No. 110 Church street, in the city of Charleston, State and county 
aforesaid, on Wednesday, 10th day of February, 1897, at 9.30 o’clock a. in., who wiil 
be examined before H. W. Purvis, a notary public in and for the State of South Car¬ 
olina, or some other officer duly authorized by laws of the United States to take dep¬ 
ositions in contested election cases, as witnesses on my behalf in my contest of your 
pretended election as a Representative in the Fifty-fifth Congress of the United 
States from the First Congressional district of Soutli Carolina, such examinations to 
be continued from day to day until completed. 

Dated at Charleston, S. C., February 8, 1897. 

W. F. Myers, 

Attorney for Contestant, Geo. If. Murray. 


I accept service of a copy of within notice to take testimony this 8th day of Feb¬ 
ruary, 1897. 


Jos. W. Barnwell, Counsel for Contestee. 


Notice to take depositions. 

State of South Carolina, County of Charleston. 

Hon. William Elliott, Contestee: 

You will please take notice that I intend to take the depositions of J. LI. Patterson, 
Charles Roberts, Edward Cummings, B. I. Hart, Charles Robertson, and Moses H. 
Perry, all of whom are residents of Wadmalaw Island, in the county and State afore¬ 
said, at or near Enterprise post-office, on said island, on Friday, the 19th day of Feb¬ 
ruary, 1897, at 10 o’clock a. in., who will be examined before W. S. Montgomery, a 
notary public in and for the State of South Carolina, or some other officer duly 
authorized by the laws of the United States to take depositions in contested election 
cases, as witnesses on my behalf in my contest of your pretended election as a Rep¬ 
resentative from the First Congressional district of South Carolina, such examination 
to coutinue from day to day until completed. 

Dated at Charleston, S. C., February 17, 1897. 

Jno. B. Edwards, 

Attorney for Geo. IT. Murray, Contestant. 

I accept service of within notice to take depositions this 17th day of February, 1897. 

Jos. W. Barnwell, Counsel for Contestee. 


Notice to take depositions. 


State of South Carolina, County of Charleston: 


Lion. William Elliott, Contestee: 

You will jdease take notice that I intend to take the depositions of Rev. J. L. 
Dart, Morris street; LI. W. Purvis, Vanderhorst street; J. B. Edwards, 10 Rosemont 
street; A. T. Jenkins, Meeting street; J. Wingate, Reid street; W. R. Barringnean, 
Drake street; Win. Elliott, 17 Queen street; P. T. Richardson, J. H. Thayer, 
R. B. Grice, and W. S. Montgomery, who are residents of the county of Charleston 
and State aforesaid, at the office of Edwards & Sasportas, No. 110 Church street, in 
the city of Charleston, on Saturday, the 20tli day of February, 1897, at 9.30 o’clock 
a. in., who will be examined before H. W. Purvis, a notary public in and for the 
State of South Carolina, or some other officer duly authorized by the laws of the 
United States to take depositions in contested election cases, as witnesses on my 
behalf in my contest of your pretended election as a Representative from the First 
Congressional district of'South Carolina, such examination to continue from day to 
day until completed. 

Dated at Charleston, S. C., February 16, 1897. 

Jno. B. Edwards, 

Attorney for Geo. W. Murray, Contestant. 


I accept service of a copy 
February, 1897. 


of within notice to take depositions this 18th day of 
J. W. Barnwell, Counsel for Contestee. 


Notice to take depositions. 

State of South Carolina, Charleston County: 

Hon. William Elliott, Contestee: 

You will please take notice that I intend to take the depositions of Elijah Nelson, 
Michael Williams, and James Ford, all of whom are residents of Brick Church pre¬ 
cinct, St. Andrews Parish, in the county and State aforesaid; also A. T. Jennings, 


52 


MURRAY VS. ELLIOTT. 


Meeting street; Wm. Thompson, Ward 11; Geo. Strobel, 16 Sires alley; Solomon M. 
Brown, D street, Ward 10, and James Blue, 95 Shepherd street, of the city of 
Charleston, in the county and State aforesaid, at the office of Edwards & Sasportas, 
No. 110 Church street, in the city of Charleston, county and State as aforesaid, on 
Monday, the 22d day of February, 1897, at 10 o’clock a. m., who will he examined 
before H. W. Purvis, a notary public in and for the State of South Carolina, or some 
other officer duly authorized*by the laws of the United States to take depositions in 
contested election cases, as witnesses on my behalf ,in my contest of your pretended 
election as a Representative from the First Congressional district of South Carolina, 
such examinations to continue from day to day until completed. 

Dated at Charleston, S. C., February 18, 1897. 

Jno. B. Edwards, 

Attorney for Geo. IF. Murray, Contestant. 

Service accepted February 19,1897. 

J. W. Barnwell, For Contestee. 

Notice to take depositions. 

State of South Carolina, County of Charleston: 

Hon. William Elliott, Contestee: 

You will please take notice that I intend to take the depositions of G. S. Devan, 

Aiken street; -Stapelbein, President street; A. B. Abbott, Norman street, who 

are residents of the county and State aforesaid, at the office of Edwards & Saspor¬ 
tas, No. 110 Church street, in the city of Charleston in the county of Charleston, on 
Wednesday, the 24th day of February, 1897, at 10 o’clock, a. m., who will be exam¬ 
ined before H. W. Purvis, a notary public in and for the State of South Carolina, or 
some other officer duly authorized by the laws of the United States to take deposi¬ 
tions in contested election cases, as witnesses on my behalf in my contest of your 
pretended election as a Kepresentative from the First Congressional district of South 
Carolina; such examinations to continue from day to day until completed. 

Dated at Charleston, S. C., February 22, 1897. 

W. F. Myers, 

Attorney for Geo. IF. Murray, Contestant. 

I accept service of within notice to take depositions this22d day of February, 1897. 

Jos. W. Barnwell, 

Counsel for Contestee. 

Charleston, S. C., February 1, 1897. 

Pursuant to adjournment, the taking of depositions was resumed, 110 Church 
street, city of Charleston, at 10 a. m. on above date, at which was present J. B. 
Edwards, esq., representing contestant, and W. T. Logan, esq., representing con¬ 
testee. 

Adjourned at 11 a. m. February 1, 1897, to February 2, 1897, at 12 m. 

[seal.] H. W. Purvis, Notary Public. 

Charleston, S. C., February 2 , 1897. 

Pursuant to adjournment, the taking of depositions was resumed, 110 Church 
street, city of Charleston, at 12 m. on above date, at which was present W. F. Myers, 
esq., representing contestant, and W. T. Logan, esq., representing contestee. 

CHARLES W. D. FREEMAN, a legal witness, being duly sworn, testifies as 
follows: 

Examination by Mr. Myers : 

Q. Give your name, age, residence, and occupation?—A. Charles W. D. Freeman; 
age, 22; live 331 East Bay in Ward 5; by trade, shoemaker. 

Q. W here were you on election day, 3d of November last, and what were you 
doing there?—A. I was at the Federal poll, first precinct, Ward 5, in the city of 
Charleston; 1 was acting as clerk for the Republican party, taking down the names 
of those who were rejected from voting for George M. Murray. 

Q. Under what conditions did you take the names on these blanks [counsel hand¬ 
ing witness bundle of papers] ?—A. After being rejected the men were brought to me 
by the rallying committee, Samuel M. Lance and Eddie Gourdine, and read the 
blanks, and those of them that could write and read signed their names to them, and 
I signed my name as a witness after he had signed his name “the applicant;” this I 
did with Mr. Lance on some and with Mr. Gourdine on others. 

Q. Do you identify these papers; if so, what are they?—A. These are the blanks 



MURRAY VS. ELLIOTT. 


53 


that I took on November 3; each of them contain my signature as a witness: there 
is fifty-four of them. 

(Counsel for contestant submits blanks, fifty-four of them, marked “Exhibit A." 

Counsel for contestee objects to the introduction of these papers upon the grounds: 
I irst, that the affiants themselves are the proper persons to testify and should be 
called as witnesses; second, because the affidavits are not in response to any allega¬ 
tions in the notice of contest; third, because by this method of proceeding contestee 
is deprived of the right of cross examination.) 

Q. Do you know anything in reference to the conduct of the board of registration 
to the testing of, and issuing certificates to, Republican applicants?—A. I applied for 
my registration certificate and I received it without any trouble; but Mr. Cableb 
Green, who went along with me in company, paid his poll tax, but was refused a 
registration certificate because he could not read to suit the board of registration; 
this I know of my own knowledge. 

(Counsel for contestee objects upon the ground that the person Cablen Green is 
the proper person to testify to these alleged facts, and should be called as a witness.) 

Q. A as it necessary in all cases to show poll-tax receipts in making application 
for registration certificates?—A. Yes, sir; because if you could read the constitution 
and could not show a poll-tax receipt you were refused a registration certificate. 

Q. Do you know of any case of an applicant presenting himself without having a 
poll-tax receipt?—A. Yes, sir; I tried myself to get mine without a poll-tax receipt 
and could not get it. 

Cross-examination: 

Q. Where was the poll located at which you voted?—A. South side of Lawrence 
street, between Middle and East Bay. 

Q. You had no trouble in voting, did you?—A. No, sir. 

Q. You did not see any persons rejected who had registration certificates, did 
you?—A. I did not. 

Q. Were you at the polls when the votes were counted?—A. Yes, sir. 

Q. Did you see the ballots counted?—A. I attempted to go in to see them counted, 
but was refused, and when I did get in they were almost through counting. 

Q. You did see the counting at the last, did you not?—A. I did see the counting 
at last, but that was not the full count of the votes. 

Q. Was there au t y other colored men besides yourself who witnessed the count?— 
A. No, sir. 

Q. You was the only colored man there at all that witnessed the count?—A. I was 
the only one allowed to go in at the last and witness the count, but there was many 
on the outside. 

Q. Do you swear that you was the only man that saw it, will you?—A. The only 
colored man that saw it. 

Q. Who Avere the three candidates for Congress at the last election, do you 
know?—A. George W. Murray, Cohen, and Elliott. 

Q. Do you know whether or not there was any representative of Cohen who saw 
that count?—A. I don’t know, sir; I saw one extra man in there, but I don’t know 
what he was doing there. 

Q. How many men actually witnessed the count—I mean those inside the booth ?— 
A. Four. 

Q. Who were those men?—A. Four white men. 

Q. Three of those were managers, were they not?—A. Yes, sir. 

Q. Ami you don’t know whether the fourth was the representative of Murray or 
not?—A. I don’t think he was under no circumstances. 

Q. Do you know who he was?—A. No, sir. 

Q. How do you know he did not represent Murray? Then you don’t know any¬ 
thing about him, do you?—A. Because he was an Irishman, and I don’t think any of 
them under no circumstances would represent Mr. Murray, especially in the city of 
Charleston. 

Q. You don’t know whether he represented Cohen or not.—A. No, sir; I did not 
pay that much attention. I was interested in the man who interested me. 

Q. Did you apply to one of the managers to be allowed to see the count?—A. I did, 
and he refused me at the door. 

Q. Do you know what his name was?—A. I don’t, sir. 

Q. Did you know the names of any of the managers at that poll?—A. Did not 
know any of them. 

Q. Did you say you wanted to see the count as a representative of Murray?—A. 
Yes, sir; I did. 

Q. What did you tell the manager?—A. I told him I would like to see the count¬ 
ing of the votes as a representative of Mr. Murray. 

Q. You swear that you told that manager you was a representative of Murray?— 
A. Yes, sir; I do. 


54 


MURRAY YS. ELLIOTT. 


Q. What was the vote announced at that poll that day, do you know?—A. I don’t 
remember. 

Ciias. W. D. Freeman. 

Sworn to before me this 2d day of February, 1897. 

[seal.] H. W. Purvis, Notary Public. 

Exhibit A. 

Blank No. 2. 

State of South Carolina, Charleston County : 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct 1 of Ward 5, and legally qualified to register and vote therein, did, 
on this the 3d day of November, 1896, present himself at the said voting precinct 
to vote for Geo. W. Murray, the Republican candidate for Congress in the First dis¬ 
trict of said State, desiring and intending to vote for the said Geo. W. Murray, and, 
upon his attempting to so vote, was denied the right to so vote, and his vote thus 
offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Carolina, 
being entitled to such registration, but had been refused and denied the right to 
register, and further states that if he had been permitted to register and to vote at 
said election, he would have voted for the said Geo. W. Murray, the Republican can¬ 
didate for Congress in said district. 

H. (his x mark) McFiiurson. 

Witnesses: 

Chas. W. D. Freeman. 

Sam Lance. 

Personally appeared H. McFhurson and made oath that the above statement is 
correct. 

[seal.] J. A. Minges, Notary Public, South Carolina. 

Charleston, S. C., January 19,1897. 

[Seventeen affidavits same as above, signed and witnessed, filed with this exhibit.] 


Blank No. 1. 

State of South Carolina, Charleston County ; 

This certifies that the undersigned, being over the age 21, male resident of the 
voting precinct 1 of Ward 5, and legally qualified to register and vote therein, did, 
on this the 3d day of November, 1896, present himself at the said voting precinct to 
vote for Geo. W. Murray, the Republican candidate for Congress in the First district 
of said State, desiring and intending to vote for the said Geo. W. Murray, and, upon 
his attempting to so vote, was denied the right to so vote, and his vote thus offered 
to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Carolina, 
being entitled to such registration, but had been refused and denied the right to 
register; and he further states that if he had been permitted to register and to A r ote 
at said election, he would have voted for Geo. W. Murray, the Republican candidate 
for Congress in said district. 

And the undersigned farther states that he is qualified even under the present con¬ 
stitution, as he can read and write, as evidenced by the fact that he signs this in his 
own handwriting. 

M. H. Huggins. 

Witnesses: 

Ciias. W. D. Freeman. 

Sam M. Lance. 

Personally appeared M. H. Huggins and made oath that the above statement is 
correct. 

[seal.] J. A. Minges, Notary Public, South Carolina. 

Charleston, S. C., January 27,1897. 

[Thirty-five affidavits same as above, signed and witnessed, filed with this exhibit.] 

SAMUEL M. LANCE sworn: 

Examined by Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. Samuel M. Lance; age 31; 
residence, 303 East Bay; by occupation, laborer. 

Q. Where were you on election day, 3d day of November last, and what were you 


MURRAY VS. ELLIOTT. • 55 

doing there?—A. I was at the Federal poll, in Ward 5, precinct 1. I was a rallier 
there that day at that poll in the behalf of Mr. Murray. 

Q. Did you in connection with any other persons do anything in reference to Repub¬ 
licans who were rejected that day, election day?—A. I was a rallier, and auother 
man, named EdwardGourdine, was also a rallier, and Mr. Freeman was the clerk. 
As the men came up to vote, I handed them Mr. Murray’s tickets, and they went in 
the booth, and presented themselves to the managers, offering to vote, and they 
rejected them, and some of them asked why was it that they could not vote, some 
of them said they wanted to vote for Mr. Murray, others did not say anything; they 
came out, and I took them and carried them to Mr. Freeman, and they signed their 
names to an affidavit; those who could read signed affidavit No. 1, and those who 
could not read signed affidavit No. 2; after that Mr. Freeman signed it. I, as a wit¬ 
ness, signed last, excepting those which Mr. Gourdine signed; I signed with both, 
some with Freeman and some with Gourdine. 

Q. How do you know these voters had Murray’s tickets, and offered to vote for 
Murray?—A. I gave them to them, I saw them go into the booth and offered to vote; 
I was near enough at times to see and hear what transpired between the voter and 
the managers; at other times I was not, ns the place was blockaded. 

Q. Do you recognize and identify these papers? If so, state what they are. 
[Counsel produces bundle of papers.]—A. Yes, sir; these are affidavits that I wit¬ 
nessed at the polls on the 3d day of November. 

Q. How many are there?—A. 1 witnessed 107 of these papers. 

(Counsel hies the papers as witnessed by Samuel M. Lance, marked 11 Exhibit AA.’ 7 

Counsel for contestee objects to the introduction of these papers upon the follow¬ 
ing grounds: First, that the affiants themselves are the proper persons to testify and 
should be called as witnesses; second, that the affidavits are not in response to any 
allegation in the notice of contest; third, because by this method of proceeding 
contestee is deprived of the right of cross-examination.) 

Q. Were the Republicans allowed any representation within the election booth, 
that day?—A. Not as I know of, not in the booth, nor any other place that I know of. 

Cross-examina tion: 

Q. Are you a registered voter?—A. Yes, sir; I am. 

Q. You had no difficulty in getting registered, did you?—A. Yes, sir, I did; the 
first day that I went down to the registration office I went in and Mr. Williams asked 
me had I paid my poll-tax; I told him yes, sir; he then asked me, can I read; I told 
him yes; and he presented me a little book, with a part of the new constitution, a 
sketch of it ; I commenced reading, and he told me that I would not do, and I left. 
I went back another day, and I met him there again, presented me the book, I com¬ 
menced to read again, he asked me some questions; I said to him that the constitu¬ 
tion itself say that if a man can read he need not answer any question, and he is 
entitled to his registration certificate, and if a man can’t read, can explain when 
read to him. he is also entitled to his; and with that he drove me out, saying he had 
no time to hold an argument about it, and with that I left. The third time I went 
there I met two other men; Mr. Williams was not there, and these other two men 
presented me the book, one out of the two, and 1 read it, section 8, and I got my 
certificate. 

Q. They gave you three chances to get registered?—A. I took three chances; they 
did not give it, I took it. 

Q. You did get registered finally, did you not?—A. I got registered. 

Q. Did you have any difficulty in voting?—A. No, sir. 

Q. You said you saw several men who offered to vote who were rejected?—A. I 
did. 

Q. These men were rejected because they had no registration certificates, were 
they not?—A. Yes, sir. 

Q. You did not see anyone rejected who had a registration certificate, did you?—A. 
I did not. 

Q. Did you remain at the polls until they closed?—A. Yes, sir. 

Q. You testified that certain witnesses who said they could read signed affida¬ 
vits No. 1; did any of those persons read in your presence?—A. Oh, yes, sir; they 
read in my presence. 

Q. Do you know where those affidavits came from; who had charge of them?—A. 
They came from the precinct chairman to the ward chairman—that is, before they 
were filled out. 

Q. Where have they been since?—A. In the hands of the county chairman. 

Q. Who is the county chairman—what is his name?—A. Mr. Chris. Smalls. 

Q. He has had charge of these blanks ever since the election?—A. They were 
carried there. I can’t say if they were there all along or not. 

(Counsel for contestee objects to the introduction of the affidavits marked ‘‘Exhib- 
its A A,” upon the ground that they do not come from the proper custody.) 

Q. Have you ever testified in one of these contests before?—A. No, sir. 


56 


MURRAY VS. ELLIOTT. 


Q. Have you studied up the constitution?—A. No, sir. 

Q. Before you went to the register's office on the second and third occasions ?— 
A. I did not. 

Q. You never studied it before or read it before you went to the registration 
office?—A. No, sir. 

Q. Did the registers allow you to read it three times?—A. Yes, sir; I read it three 
times. 

Samuel M. Lance. 

Sworn to before me this 2d day of February, 1897. 

[SEAL.] H. W. PURVIS, Notary Public. 


Exhibit A A. 

Blank No. 1. 

State ok South Carolina, Charleston County: 

This certifies that the undersigned, being over the age 21, male resident of the 
voting precinct 1, Ward 5, and legally qualified to register and vote therein, did, on 
this the 3d day of November, 1896, present himself at the said voting precinct to vote 
for George W. Murray, the Republican candidate for Congress in the First district 
of said State, desiring and intending to vote for the said George W. Murray, and, 
upon his attempting to so vote, was denied the right to so vote, and his vote thus 
offered, to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration, under the laws of South Carolina 
being entitled to such registration, but had been refused and denied the right to 
register; and he further states that if he had been permitted to register and to vote 
at said election he would have voted for George W. Murray, the Republican 
candidate for Congress in said district. 

And the undersigned further states that he is qualified even under the present con¬ 
stitution, as he can read and write, as evidenced by the fact that lie signs this in his 
own handwriting. 

Frank (his x mark) Lewis. 

Witnesses: 

R. Pringle. 

E. Gardine. 

Personally appeared Frank Lewis and made oath that the above statement is 
correct. 

[seal.] J. A. Minges, Notary Public, South Carolina. 

Charleston, S. C., January 19, 1897. 

[Thirty-five affidavits same as above, signed and witnessed, filed with this exhibit.] 

Blank No. 2. 

State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct 1, Ward 5, and legally qualified to register and vote therein, did, 
on this the 3d day of November, 1896, present himself at the said voting precinct to 
vote for George W. Murray, the Republican candidate for Congress in the First dis¬ 
trict of said State, desiring and intending to vote for the said George W. Murray, 
and, upon his attempting to so vote, was denied the right to so vote, and his vote 
thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration, under the laws of South Caro¬ 
lina being entitled to such registration, but had been refused and denied the right 
to register; and further states that if lie had been permitted to register and to vote 
at said election he would have voted for the said George W. Murray, the Republican 
candidate for Congress in said district. 

J. (his x mark) Jening. 

Witness: Samuel M. Lance. 

Personally appeared J. Jening and made oath that the above statement is correct. 

[seal.] J. A. Hinges, Notary Public. 

Charleston, S. C., January 22, 1897. 

[Forty-three affidavits same as above, signed and witnessed, filed with this exhibit.] 


MURRAY YS. ELLIOTT. 


57 


JOSHUA E. TENTION recalled and sworn: 

Q. What is your name?—A. Joshua E. Tention. 

0. Have you ever testified in this case?—A. I have. 

Q. Where were you on election day—3d day of November last, and what were you 
doing there?—A. I was at Ward 9, precinct 2, acting as a clerk, making out affidavits 
on blanks Nos. 1 aud 2 of rejected Republicau voters. 

Q. What part did you have in making those affidavits?—A. I asked them if they 
could read or write, and if they could read or write they signed blank No. 1; those 
that could not read or write I signed their names, and had it witnessed by one other 
man—that is, by myself aud one other man, Henry Perry. 

Q. [Counsel, handing papers to witness, asks:] What are these?—A. These are the 
blanks in the form of affidavits which I, on the 3d day of November, did make a part 
out for those who could not read or write; I signed their names and witnessed, with 
Perry, their marks; and these are those papers, in number 9, marked “ Exhibit 13.” 

(Counsel for contestee objects to the introduction of these papers upon the follow¬ 
ing grounds: That the affiants themselves are the proper persons to testify, and 
should be called as witnesses; second, because these affidavits are not in response to 
any of the allegations in the notice of contest; third, by this method of proceeding 
contestee is deprived of the right of cross-examination; and, further, because it has 
not been shown that these affidavits come from proper custody.) 

Cross-examination: 

Q. None of those persons who signed those blanks had registration certificates?— 
A. None, that I know of. 

Joshua E. Tention. 

Sworn to before me this 2d day of February, 1897. 

[l. s.] H. W. Purvis, Notary Public . 

Exhibit B. 

Blank No. 1. 

State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age 21, male resident of the 
voting precinct 2, of Ward 9, and legally qualified to register and vote therein, did, 
on this the 3d day of November, 1896, present himself at the said voting precinct to 
vote for George W. Murray, the Republican candidate for Congress in the First dis¬ 
trict of said State, desiring and intending to vote for the said George W. Murray, 
and, upon his attempting to so vote, was denied the right to so vote, and his vote 
thus offered to the proper officers was rejected. 

Aud the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration, under the laws of South Caro¬ 
lina being entitled to such registration, but had been refused and denied the right 
to register; and he further states that if he had been permitted to register and to 
vote at said election he would have voted for George W. Murray, the Republican 
candidate for Congress in said district. 

And the undersigned further states that he is qualified even under the present 
constitution, as he can read and write, as evidenced by the fact that he signs this in 
his own bandwriting. 

C. W. Williams. 

Witnesses: 

Henry S. Perry. 

Joshua E. Tention. 

Personally appeared C. W\ Williams and made oath that the above statement is 
correct. 

H. W. Purvis, Notary Public. 

Charleston, S. C., December 28. 

[Five affidavits same as above, signed and witnessed, filed with this exhibit.] 


Blank No. 2. 

State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age of 21, male resident ot the 
voting precinct 2, of Ward 9, and legally qualified to register and vote therein, did, 
on this the 3d day of November, 1896, present himself at the said voting precinct to 
vote for George W. Murray, the Republican candidate for Congress in the First dis¬ 
trict of said State, desiring and intending to vote for the said George W. Murray, 


58 


MURRAY VS. ELLIOTT. 


and, upon his attempting to so vote, was denied the right to so vote, and his vote thus 
offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration, under the laws of South Carolina 
being entitled to such registration, but had been refused and denied the right to 
register; and further states that if he had been permitted to register and to vote at 
said election he would have voted for the said George W. Murray, the Republican 
candidate for Congress in said district. 

Jesse (his x mark) Bennett. 

Witnesses: 

Henry S. Perry. 

Joshua E. Tention. 

Personally appeared Jesse Bennett and made oath that the above statement is 
correct. 

H. W. Purvis, Notary Public. 

Charleston, S. C., December 28. 

[Two affidavits same as above, signed and witnessed, tiled with this exhibit.] 

J. R. CUTHBERT recalled and sworn: 

Q. What is your name?—A. J. R. Cuthbert; and I have testified in this case 
before. 

Q. Where were you on election day—on the 3d of November last, and what were 
you doing there?—A. I was at the Federal polls, first precinct, Ward 7, acting as a 
clerk, filling out blanks of rejected Republican voters, who went to vote for G. W. 
Murray. 

(Objected to by counsel for contestee upon the ground that it is hearsay evidence.) 

Q. After being rejected, what did those men do?—A. They came to the table where 
I was and voluntarily wrote their names and made their marks, specifying their 
intention, and I, with J. M. Blossom and others, witness their signing. 

Q. Do you identify those papers, and if so, what are they [counsel here produces 
bundle of papers and hands them to witness] ?—A. Yes, sir; they are the affidavits 
witnessed by me on the day of election in No. 83. [Counsel files same in evidence, 
marked “ Exhibit C”.] 

(Counsel for contestee objects to the introduction of these papers upon the grounds: 
First, that the affiants themselves are the proper persons to testify, and should be 
called as witnesses. Second, that these affidavits do not correspond with any of the 
allegations in the notice of contest. Third, that by this method of proceeding con¬ 
testee is deprived of the right of cross-examination; and, further, that it has not been 
shown that these affidavits come from the proper custody.) 

Cross-examination: 

Q. None of those who signed those papers had registration certificates?—A. One. 

Q. What was his name?—A. Robert Richardson. 

Q. Do you know why he was refused?—A. Because the number of his registration 
certificate was the same as that of another who had voted just preceding him. 

J. R. Cuthbert. 

Sworn to before me this 2d day of February, 1897. 

[l. s.] H. W. Purvis, Notary Public. 

Adjourned at 3.30 o’clock p. m., February 2, 1897, to February 3, 1897, to 10 a. m. 

[l. s.] H. W. Purvis, Notary Public. 

Exhibit C. 

Blank No. 1. 

State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age 21, male resident of the 
voting precinct 1, of Ward 7, and legally qualified to register and vote therein, did, 
on this the 3d day of November, 1896, present himself at the said voting precinct 
to vote for George W. Murray, the Republican candidate for Congress in the ^irst 
district of said State, desiring and intending to vote for the said George W. Murray, 
and, upon his attempting to so vote, was denied the right to so vote, and his vote 
thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration, under the laws of South Carolina 
being entitled to such registration, but had been refused and denied the right to 
register; and he further states that if he had been permitted to register and to vote 


MURRAY VS. ELLIOTT. 59 

at said election he would have voted for George W. Murray, the Republican candi¬ 
date for Congress in said district. 

And the undersigned further states that he is qualified even under the present 
constitution, as he can read and write, as evidenced by the fact that he signs this 
in his own handwriting. 

John Lucas. 

Witnesses: 

G. W. Jones. 

J. R. CUTHBERT. 

Personally appeared John Lucas and made oath that the above statement is correct. 

[seal.] H. W. Purvis, Notary Public. 

Charleston, S. C., December 17. 

[Fifty-one affidavits same as above, signed and witnessed, filed with this exhibit.] 

Blank No. 2. 

State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct 1, of Ward 7, and legally qualified to register and vote therein, did, 
on this the 3d day of November, 1896, present himself at the said voting precinct to 
vote for George W. Murray, the Republican candidate for Congress in the First dis¬ 
trict of said State, desiring and intending to vote for the said George W. Murray, 
and, upon his attempting to so vote, was denied the right to so vote, and his vote 
thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration, under the laws of South Caro¬ 
lina being entitled to such registration, but had been refused and denied the right 
to register; and further states that if lie had been permitted to register and to vote 
at said election he would have voted for the said George W. Murray, the Republican 
candidate for Congress in said district. 

J. (his x mark) Brown. 

Witnesses: 

G. M. .Jones. 

J. R. Cuthbert. 

Personally appeared J. Brown and made oath that the above statement is correct. 

[seal.] H. W. Purvis, Notary Public. 

Charleston, S. C., December 10 , 1896. 

[Thirty-two affidavits same as above, signed and witnessed, filed with this exhibit.] 

Ciiahleston, S. C., February 3, 1897. 

Pursuant to adjournment, the taking of depositions was resumed, 110 Church 
street, Charleston, at 10 o’clock a. m., on above date, at which were present W. F. 
Myers, esq., representing contestant, and W. T. Logan, esq., representing contestee. 

W. T. MARTIN recalled and sworn: 

Examined by Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. W. T. Martin; age 32; 
residence 24 Aiken street, E.; plasterer. 

Q. Where were you on election day—3d of November last, and what were you doing 
there?—A. On election day I was at the Federal poll of the first precinct of Ward 
9, and was there all day. I was blank keeper that day. Had the Congressional and 
Electoral ticket that day and had the Murray tickets on the table with the blanks. 
All those who wanted to vote for Mr. Murray came to me and got Murray tickets and 
went over to vote: and those who were rejected came to me, after offering to vote 
for Murray, and signed the blanks, which I witnessed, with Grant and Deas, their 
signatures to the number of 92. 

Q. Did these men know the nature of the blanks they signed?—A. Yes, sir; they 
did. They were all told what they were, and they all knew me—that I was blank 
keeper for George W. Murray for that precinct. 

Q. What are these [counsel presenting a bundle of papers to witness] ?—A. These 
are the affidavits, filled out by the rejected voters, and witnessed by me, Grant, 
and Deas. 

Q. How many of them are so witnessed by you?—A. Ninety-two. 

(Counsel offers the affidavits in evidence, marked “Exhibit D.” 

Counsel for contestee objects on the grounds, first, that the affiants themselves 




60 


MURRAY VS. ELLIOTT. 


are the proper persons to testify, and should he called as witnesses; second, because 
the affidavits are not in response to any of the allegations in the notice ol contest; 
third, by this method of proceeding contestee is deprived ol the right of cross-exam¬ 
ination ; and, further, that it has not been shown that the affidavits come from proper 
custody.) 

Cross-examination: 

Q. None of those men whom you witnessed their signatures to blank forms Nos. 1 
and 2 had registration certificates, did they?—A. I don't know about that; but they 
had poll-tax receipts. 

Q. All of them had poll-tax receipts?—A. All of them that came there to vote, or 
came to me. 

Q. Will you swear that all of them had registration certificates?—A. I will not. 

Q. Can you swear that one of them had a registration certificate?—A. I can not 
swear that any of them had a registration certificate. 

Q. Are you a registered voter ?—A. I am. 

Q. Did you have any trouble in getting a registration certificate ?—A. I was put 
to a severe test; after much difficulty in reading I got my certificate. 

Q. You had no trouble in voting ?—A. No, sir. 

Q. Have you been coached up for this second examination?—A. No, sir; only sum¬ 
moned to be here. 

W. T. Martin. 

Sworn to before me this 3d day of February, 1897. 

[l. s.] H. W. Purvis, Notary Public. 

Exhibit D. 

Blank No. 1. 

State of South Carolina, Charleston County : 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct 1 of Ward 9, and legally qualified to register and vote therein, did, 
on this, the 3d day of November, 1896, present himself at the said voting precinct to 
vote for George W. Murray, the Republican candidate for Congress in the First dis¬ 
trict of said State, desiring and intending to vote for the said George AY. Murray, 
and, upon his attempting to so vote, was denied the right to so vote, and his vote 
thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration, under the laws of South Caro¬ 
lina being entitled to such registration, but had been refused and denied the right 
to register; and ho further states that if he had been permitted to register and to 
vote at said election he would have voted for George W. Murray, the Republican 
candidate for Congress in said district. 

And the undersigned further states that he is qualified even under the present con¬ 
stitution, as he can read and write, as evidenced by the fact that he signs this in his 
own handwriting. 

D. W. Berry. 

Witnesses: 

Edward Grant. 

AY. T. Martin. 

Personally appeared D. AA r . Herry and made oath that the above statement is 
correct. 

[seal.] J. A. Minges, Notary Public. 

Charleston, S. C., January 14, 1S97. 

[Thirty affidavits same as above, signed and witnessed, filed with this exhibit.] 

Plank No. 2. 

State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct 1 of AA T ard 9, and legally qualified to register and vote therein, did, 
on this, the 3d day of November, 1896, present himself at the said voting precinct to 
vote for George AY. Murray, the Republican candidate for Congress in the First dis¬ 
trict of said State, desiring and intending to vote for the said George AA T . Murray, 
and, upon his attempting to so vote, was denied the right to so vote, and his vote 
thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration, under the laws of South Caro¬ 
lina being entitled to such registration, but had been refused and denied the right 


MURRAY VS. ELLIOTT. 


61 


to register; and further states that if he had been permitted to register and to vote 
at said election, he would have voted for the said George VV. Murray, the Republican 
candidate for Congress in said district. 

Justice (his x mark) Grant. 

Witnesses: 

Wm. Deas. 

W. T. Martin. 

Personally appeared Justice Grant and made oath that the above statement is 
correct. 

[seal.] J. A. Hinges, Notary Public. 

Charleston, S. C., January 15, 1897. 

[Sixty affidavits same as above, signed and witnessed, tiled with this exhibit.] 


JOHN C. CLARK, sworn: 

Examined by M. Myers: 

_ Q. Give your name, age, residence, and occupation.—A. John C. Clark; age, 28; 
lives 20 Water street, Ward 1; painter by occupation. 

Q. Where was you on election day, 3d of November last, and what were you doing 
there ?—A. I was on Meeting street, near Trodd, at the Federal poll, second precinct 
of Ward 1. I acted there as a clerk in the interest of the Republican party, and gave 
out tickets to men to vote for G. W. Murray. I was near enough to the polls to see 
that these men were not allowed to deposit their ballots in the box. Thereupon they 
came back to me, and those who could write signed their names on blanks No 1, and 
those who could not write signed their names on blanks No. 2 by touching the pen, 
making a cross mark. I then signed my name as a witness of the same, together 
with Dingle and Patterson, that these men were refused the privilege of voting. 

Q. What are these [counsel handing witness a package of papers] ?—A. These are 
statements—sworn statements—of those men rejected in voting, made and witnessed 
by me. 

Q. How many of them were made and witnessed by you?—A. I made out and wit¬ 
nessed 42, and these are them. 

(Counsel files these as evidence, Exhibit marked U E.” 

Counsel for contestee objects to the introduction of these papers on the following 
grounds: First, that the affiants themselves are the proper persons to testify, and 
should be called as witnesses; second, that the affidavits are not in response to any 
of the allegations in the notice of contest; third, because by this method of proceed¬ 
ing counsel for contestee is deprived of the right of cross-examination, and, further, 
that it has not been shown that these affidavits come from the proper custody.) 

Cross-examination: 

Q. Are you a registered voter?—A. I am. 

Q. Did you have any trouble in getting registered?—A. I was put to a severe test. 
I had to show my poll tax, which inconvenienced me; 1 had to go back home and 
get it. After showing the poll-tax receipt I was made to sign my name, and then I 
was given the constitution of the State of South Carolina, and a section was pointed 
out to me to read, which I did, and then they gave me my certificate. 

Q. Did you have any difficulty in voting?—A. No; I did not. 

Q. When you went to get your registration certificate, you was known to be a 
Republican, were you not?—A. I can’t tell if the registration officers knew me as 
such or not. They did not ask me if I was a Republican or Democrat. 

Q. You are a colored man?—A. Yes, sir. 

Q. You testified that you witnessed the signatures of several persons who were not 
allowed to vote. These persons were rejected because they had no registration cer¬ 
tificates?—A. That is so to some extent, as some were there that had old registration 
certificates. 

Q. None of them had registration certificates under the new constitution, that 
was the reason they rejected them?—A. I suppose that might have been the reason, 
I can’t tell; they just told them they were not allowed to vote. 

Q. Don’t you know that was the reason they were not allowed to vote?—A. As I 
said before, that might have been the reason, as they asked for both poll-tax receipts 
and registration certificates. 

Q. How many of those men, whose signatures you wituessed, had poll-tax 
receipts?—A. I can't tell that, as I kept no account of how many had poll-tax 
receipts. 

Q. Was there any of them that did not have poll-tax receipts?—A. There was some 
that did not have them, but I kept no account of how many. 

Q. What was the reason of those who did not have poll-tax receipts; why were 
they rejected?—A. Because they did not have certificates, I suppose. 




62 


MURRAY VS. ELLIOTT. 


Q. You did not see anybody rejected and not allowed to vote who did have a regis¬ 
tration certificate?—A. None came under my observation who had a certificate under 
the new constitution. 

J. C. Clark. 

Sworn to before me this 3d day of February, 1897. 

H. W. Purvis, Notary Public, [l. s.] 


Exhibit E. 

Blank No. 2. 

State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct 2 of Ward 1, and legally qualified to register and vote therein, did, 
on this the 3d day of November, 1896, present himself at the said voting precinct to 
vote for Geo. W. Murray, the Republican candidate for Congress in the First district 
of said State, desiring and intending to vote for the said Geo. W. Murray, and, upon 
his attempting to so vote, was denied the right to so vote, and his vote thus offered 
to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and further states that if he had been permitted to register and to vote 
at said election he would have voted for the said Geo. W. Murray, the Republican 
candidate for Congress in said district. 

Frank (his x mark) Smalls. 

Witnesses: 

G. S. Patterson. 

J. C. Clark. 

Personally appeared Frank Smalls and made oath that the above statement is 
correct. 

[seal.] J. A. Minges, Notary Public. 

Chaleston, S. C., December , 1896. 

[Twenty-two affidavits same as above, signed and witnessed, were filed with this 
exhibit.] 

Blank No. 1. 

State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age 21, male resident of the vot¬ 
ing precinct 2 of Ward 1 and legally qualified to register and vote therein, did, on 
this, the 3d day of November, 1896, present himself at the said voting precinct to vote 
for Geo. \\ . Murray, the Republican candidate for Congress in the First district of 
said State, desiring and intending to vote for the said Geo. W. Murray, and, upon 
his attempting to so vote, was denied the right to so vote, and his vote thus offered 
to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration, under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and lie further states that if he had been permitted to register and to 
vote at said election, he would have voted for Geo. W. Murray, the Republican can¬ 
didate for Congress in said district. 

And the undersigned further states that he is qualified even under the present con¬ 
stitution, as he can read and write, as evidenced by the fact that he signs this in his 
own handwriting. 

, . Wavley Simmons. 

Witnesses: 

J. S. Patterson, 

J. C. Clark. 

Personally appeared Wavley Simmons and made oath that the above statement is 
correct. 

C SEAL -1 J. A. Minges, Notary Public. 

Charleston, S. C., December 18, 1896. 

[Eighteen affidavits same as above, signed and witnessed, were filed with this 
exhibit.] 

Took a recess until 4.30 o’clock p. m. same day, February 3, 1897. 


MURRAY YS. ELLIOTT. 


63 


R. W. GIBBS, a legal witness, sworn: 

Examined by Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. R. W. Gibbs; age, 35; 
resides 50 Spring street, Charleston; a mechanic! 

Q. \\ here were you on election day, 3d of November last, and what were you doing 
there?—A. I was at Ward 7, Second precinct, and was at the Federal poll; I live 
next door to where it was held. 

Q. Do you not know that Republicans were rejected on that dav from voting?—A. 
I do. 

Q. On being rejected, what was the system adopted by those men after being 
rejected; did they make any record of it that day ?—A. They made an affidavit to the 
effect of their being rejected. 

Q. Do you know for whom they or any of them desired to vote for Congressman?— 
A. 1 do; George W. Murray, this I heard them say. 

(Counsel for contestee objects to this answer and the question leading thereto 
upon the ground that the answer of the witness must of necessity be entirely hear¬ 
say.) 

Q. Was there or not general talk that day around the polls of men being registered 
who had offered to vote for Murray?—A. There was. 

Q. Were, to your knowledge, any Republican representatives admitted within the 
polling booth, except those who went in to vote, or any allowed within to witness 
the election?—A. There was not. 

Q. State what, if anything, you know of the conduct of the registration officers 
during the time of registration.—A. Well, there is one thing I can state, they had 
two lines—one of white and one of colored—the white had the advantage, for the 
simple fact that about live white men were registered while one colored man was 
admitted in order to offer himself to be registered. 

(Counsel for contestee objects on the ground that it is simply the opinion of the 
witness, who is a Republican and colored man.) 

Q. How do you know this matter occurred, and if the distinctive colored lines 
were enforced by the registration officers, or anybody in authority?—A. Seeing the 
disadvantage that the colored people had to register, in making my application for 
registration, I made it from the white line, because I would only have to write my 
name, and that would be sufficient to obtain my registration certificate, that was all 
that for white men to do to obtain a registration certificate. Should 1 have offered 
myself for registration from the colored line I thought probably, from what I had 
seen, that 1 might have been rejected, as others, colored, like myself, were rejected. 
I mean this: That I saw colored men, just as qualified as myself, rejected; these 
lines were in force; there was a policeman to enforce them. We went there believ¬ 
ing that we could go in altogether; finding out that we could not, 1 formed myself 
into the white line, knowing they could not tell any difference as to myself. 

Q. Did you get your registration certificate?—A. I did. I went there on two 
occasions—first to get it, second to have it transferred, and on the second time I had 
the same difficulty as at first, and had to get into the white line. 

Cross-examination: 

Q. There was a large crowd at the registration office when you went there, was 
there not?—A. There was mostly white people. 

Q. About how many colored people do you think was there?—A. Well, at the time 
I think about 20. 

Q. How long was you in the registrar’s office ?—A. After 1 obtained admission into 
the office I was there no longer than it took to write off my certificate, about two or 
three minutes. 

Q. Did you come right out of the office after you got your certificate?—A. I did; 
but under compulsion. 

Q. You testified that you went back to the registrar’s office again. How long was 
you there then?—A. About the same time. 

Q. How many men did you see registered while you were in there?—A. I can't say. 

Q. Do you think there was three?—A. I can’t tell you. 

Q. You don’t know, then, how many white men, who was only made to write their 
names?—A. At that time I was busy writing my own. 

Q. You don’t know, then, if white men were asked exactly the same questions 
that colored people were?—A. While standing at the head of the line before being- 
admitted I could see and hear just what was going on; about five white men to one 
colored were registered. 

Q. Were not the colored and white people admitted alternately?—A. They would 
call five white men and register them, and then call one colored man, and if he 
answered the questions suitable to them—the supervisors—they would register him; 
if not, he was turned down. 

Q. You testified about a policeman being there. As a matter of fact, was he not 


64 


MURRAY VS. ELLIOTT. 


there to preserve order?—A. If so, lie should have been on the outside, and not on 
the inside to prevent colored men taking their turn, as they should have been 
allowed to have done, with the odds of live to one. 

Q. There was five times as many white men there as colored, was there ?—A. I did 
not say that; that they were registering five white men to admitting one colored— 
this I did say. 

Q. About how many white people were there?—A. In the neighborhood of 100. 

Q. Don’t you think there may have been more than a hundred?—A. I could not 
say; I think about 100. 

Q. There was, then, in the neighborhood about five times as mauy white people 
than colored?—A. .Just about. 

Q. There was, then, an equal proportion between the two races in being admitted 
into the registrar’s office?—A. 1 could not say so, as they were still coming when I 
fell in line—the colored people. 

Q. There was more than 20 colored people there, then?—A. Y'es. 

Q. There may have been as many colored people as there was white; you could 
not swear there was not?—A. There might have been after I got my certificate and 
come out. 

Q. The registrar’s office is a very small room, is it not?—A. It is about four or five 
feet between the railing and the Avail, where the applicants apply. 

Q. The policeman who was stationed there prevented the entrance of applicants, 
did he not?—A. Y"es; you could not come from the colored line until he told you 
could go. 

Q. Could you come from the white line without his telling you so?—A. I could. 

Q. How mauy people was admitted in the office at one time?—A. From three to 
five. 

Q. Were those three always white men?—A. No. 

Q. There Avas not five Avhite men always admitted at one time?—A. No. 

Q. There was sometimes more colored men admitted in the office than white men ?— 
A. No. 

Q. Was fWe white men always admitted to one colored?—A. One colored being 
admitted, held for examination so long a time that ten white men could register and 
get out before another colored man was admitted. 

Q. Do you refuse to answer the question whether or not fWe white men were 
always admitted to one colored?—A. I do not refuse. I think the answer I gave 
sufficient. 

Q. Five Avhite men were not then always admitted to one colored?—A. I said that 
five Avhite men were registered to one colored being admitted. 

Q. Did you not sa v then that five white men Avere admitted to the registrar’s office 
to one colored man?—A. They must have been admitted, if they were registered, or 
they could not haA e obtained it othei'Avise. 

Q. Did you get your registration certificate as a Avhite man?—A. I do not know 
what they put me down for, but I got it under the same cover that white men were 
getting them on. 

Q. You stated that yon stood in the white man’s line, did you not?—A. I did. 

Q. Nobody objected to your standing there on account of your color, did they?— 
A. The hue of the complexion was of such they did not know the difference. 

A. Are you a colored man?—A. I am a colored man. 

Q. The supervisors thought you Avere a white man, did they not?—A. In my opin¬ 
ion he did. 

Q. Yet you Avas compelled to leave the registration office as soon as you got your 
certificate?—A. The policeman told me to get out. 

Q. The white men there were treated exactly as the colored?—A. I can’t say about 
ihe Avhite men. I know Itoav I was treated in that case. The policeman might haA*e 
known different. 

Q. Do you think the policeman thought you Avas a white man?—A. I can’t say 
what he thought. 

Q. Did you have any trouble in voting?—A. I did not. 

Q. You had no trouble in getting your registration ticket except the inconA r en- 
ience caused by the crowd?—A. 1 would have had, had I not pursued the course 
which 1 did. 

Q. Do you not pass yourself off as a white man?—A. I nev^er did. 

Q. You are often mistaken for a white man, are you not?—A. I don’t know about 
often; I Avas at the registration office. 

Q. Were you at the polls until they closed?—A. I was. 

Q. Did you witness the counting of the ballots?—A. I did not. 

Q. Did you make any attempt to do so?—A. I did not; I saw others who did, and 
were refused. Hearing what the managers said, I went in to my supper, which was 
next door, and on my return they were still counting, and no one was admitted from 
those avIio I heard applying for admittance. 


MURRAY VS. ELLIOTT. 


65 


Q. The managers did not say anything to you?—A. They did not. 

Q. You would not swear, of your own knowledge, that they refused anybody?—A. 
Yes; I would, as I heard them refuse. 

Q. You knew, of course, that you could have seen the ballots counted if you had 
applied?—A. I do not know any such thing; there would not have been any prefer¬ 
ence shown me. 

Q. Do you know who the managers were at that poll?—A. Not by name. 

Q. You said that you saw several persons rejected who offered to vote on election 
day. The reason they were rejected was because they had no registration certificates, 
was it not?—A. Yes. 

Q. You did not see anyone rejected who had a registration certificate?—A. Not 
that I know. 

Q. Have you ever testified in one of these contests before?—A. Never have. 

Q. Who are you working for now ?—A. For no one at present. 

Q. Who was the last person you worked for?—A. A man by the name of Jones, 
a colored man. 

Q. Who was the last white man you worked for ?—A. D. J. Sulivan. 

R. W. Ginns. 

Sworn to before me this 3d day of February, 1897. 

[seal.] H. W. Purvis, Notary Public. 

A. MCINTOSH, sworn: 

Examined by Mr. Myers: 

Q. Give your name, age, residence, and occupation.—A. A. McIntosh; age, 51; 
lives at Three-Mile House; laborer, 

Q. Where was you on election day, 3d of November last, and what was you doing 
there ?—A. I was at the poll corner of Line and Meeting streets, the Congressional 
poll in Ward No. 10. I went there to vote for Murray; that was my intention, and 
I offered to vote. 

Q. Did you succeed? If not, why?—A. The reason that I did not succeed was, 
they said 1 did not have my registration certificate. I had my poll-tax receipt, but 
they said that would not do. 

Q. After being rejected, what did you do?—A. I went on the outside, where the 
colored commissioners were, and signed my name to a paper in the interest of 
Murray. 

Q. Did you try to get a registration certificate, and did you succeed?—A. I did 
try, but did not succeed. The reason why I did not succeed, a gentleman told me 
to get out of the way, they did not have time to worry with me then; that was at the 
registration office. I got out and let the two white men go up, and they put the 
constitution before them and they blundered over it in some fashion, and they gave 
them their registration certificates. I stood off some time, and went up the second 
time that same day, and was treated the same way; they said they could not worry 
with me. I went back the next day and got up to the desk, and they said, “Old 
man, can you read the constitution ?” I said, “ I will try.” After I took the book and 
started to read, “Oh!” they said, “you can’t read well enough; we have not time 
to worry with you.” 

Q. How long did you stay at the poll on election day?—A. I did not stay any 
time. 

Q. Do you know whether or not any interest was manifested by the people of 
your ward in getting registration certificates in the support of Murray for Congress?— 
A. All tried to get them ; some did and some did not; all were for Mr. Murray, as far 
as I know. 

Cross-examination: 

Q. When you went to the register’s office and started to read the constitution, 
how much do you suppose you read before you were stopped?—A. I simply caught 
the book up and was looking over it, just as you would when you started to read, 
and they stopped me. 

Q. You could not read at all, then?—A. Yes, sir; I could read a little if they had 
given me time. 

Q. Did you take any appeal from their decision?—A. No, sir; I did not. 

Q. Will you read a section for me? 

(Counsel for contestee hands witness a copy of the new constitution of the State 
of South Carolina, and asked him to read section 8 of Article 1.) 

(Counsel for contestant objects, as it is not within the jurisdiction of this refer¬ 
ence to put witnesses to the test, authorized by the present law and practiced by 
partisan boards, against whom this witness has in part testified, and that there is no 
authority within this jurisdiction, nor is it desired to carry out the tests as to read¬ 
ing or explaining clauses of the constitution. 

Counsel for contestant warns the witness he has rights and can answer or not.) 

17745 - 5 


f 



66 


MURRAY VS. ELLIOTT. 


Q. Counsel for contesstee asks witness to read section 8 ol tlie constitution above 
refered to?—A. I decline to read. 

Q. When you could not get your registration certificate you came right out of the 
registrar’s office?—A. No, sir; I did not. 

Q. How long was you at the polls?—A. No time. 

Q. You don’t know what went on there at all at the poll?—A. No, sir ; I do not. 

Q. Where do you work?—A. Etowan Phosphate Mills. 

A. McIntosh. 

Sworn to before me this 3d day of February, 1897. 

[seal.] H. W. Purvis, Notary Public. 

CHAS. S. VANDERHORST, recalled, sworn: 

Q. Give your name, age, residence, and occupation.—A. Chas. S. Vanderhorst; age 
36; 173 Coming street; by occupation, a painter. 

Q. Where were you on election day, 3d of November last, and what were you doing 
there?—A. 1 was at the Federal poll, first precinct of Ward 11; I was engaged in 
the interest of working for Geo. W. Murray in getting men to vote and sign affidavits. 

Q. What did you do in connection with those affidavits?—A. I signed them as 
assistance to the clerk; I signed them as a witness, many of them as a witness. 

Q. Why was it found necessary to take these affidavits, and have you aud others 
signed them as witnesses ?—A. To identifiy that these named and men on the several 
affidavits did apply to vote for Geo. W. Murray for Congress. 

Q. What was done to these several affidavits before you signed as witness, or any¬ 
one else signed?—A. These affidavits were read to the men after they left the booth, 
and they accepted the reading of the same and agreed to have themselves and their 
names attached; they signed them. 

Q. Do you recognize these papers [handing papers to witness] ?—A. I recognize 
them; they are affidavits in the interest of George W. Murray; they are the affidavits 
that I witnessed on the 3d day of November. 

Q. How many of them did you witness?—A. Thirty-three. 

(Counsel files these as evidence, 134, as Exhibit F, as partly testified to. 

Counsel for contestee objects to the introduction of these papers on the grounds, 
first, that the affiants themselves are the proper persons to testify and should be 
called as witnesses; second, because these affidavits do not respond to any of the 
allegations in the notice of contest; third, by this method of proceeding contestee 
is deprived of the right of cross-examination, and also that 99 of these certificates 
have been entirely unproved in any way, and further it has not been shown that 
these affidavits come from proper custody.) 

Q. Do you know to what extent interest was manifested by Republicans of your 
precinct in efforts to get registration certificates, and in support of Murray, the 
Republican nominee for Congress?—A. There was a great deal of interest manifest 
to be registered by all classes and ages that were old enough to be registered, aud 
they were in the interest to obtain a certificate to support George W. Murray for 
Congress. 

Cross-examination: 

Q. All those, of all classes and ages, wanted to get their registration certificates 
to vote for G. W. Murray?—A. To the best of my knowledge. 

Q. Everybody was there to get registration certificates to vote for Murray ?—A. 
All Republicans; all men that 1 know who are Republicans. 

C. S. Vanderhorst. 

Sworn to before me this 3d day of February, 1897. 

[seal.] H. W. Purvis, Notary Public. 

Exhibit F. 


Blank No. 1. 

State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct 1 of Ward 11, and legally qualified to register and vote therein, did, 
on this the 3d day of November, 1896, present himself at the said voting precinct to 
vote for Geo. W. Murray, the Republican candidate for Congress in the First district 
of said State, desiring and intending to vote for the said Geo. W. Murray, and upon 
his attempting to so vote, was denied the right so to vote, and his vote thus offered 
to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
reduired by statute, he had applied for registration, under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 


Murray vs. elliott. 


67 


to register; and he further states that if he had been permitted to register and to 
vote at said election, he would have voted lor Geo. W. Murray, the Republican can¬ 
didate for Congress in said district. 

And the undersigned further states that he is qualified even under the present 
constitution, as he can read and write, as evidenced by the fact that he signs this in 
his own handwriting. 

„ T . Jerry Gibbs. 

\V ltnesses: 

John F. Dreyton, 

H. L. Smalls. 

Personally appeared, Jerry Gibbs, and made oath that the above statement is 
correct. 

[seal.] H. W. Purvis, Notary Public. 

Charleston, S. C., December 11, 1896. 

[There were 134 affidavits filed with above, 33 of which were witnessed by C. H. 
Vanderhorst.] 

Adjourned at at 9 p. in., February 3, 1897, to 9.30 a. in., February 4, 1897. 

[seal.] H. W. Purvis, Notary Public. 

Pursuant to adjournment, the taking of depositions was resumed, 110 Church 
street, city of Charleston, S. C., at 9.30 o’clock a. in., on above date, at which was 
present, W. F. Myers, esq., representing contestant, and W. T. Logan, esq., repre¬ 
senting contestee. Pursuant to notice to examine witnesses dated February 2, said 
examination to commence February 4, of which service was accepted by contestee 
February 3, said contestee declining to waive formal time, the witnesses named in 
said notice, some of whom are present, are herein notified that they will not be ex¬ 
amined under the aforesaid notice until the 5th instant, thereby giving counsel for 
contestee the time allowed and claimed. 

PAT MIDDELTON, being sworn, says: 

By Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. Pat Middelton; age 70; 
live 23 Elizabeth street, in Ward 7; by occupation, carpenter. 

Q. Where were you on election day, the 3d of November last, and what were you 
doing there?—A. I went on Meeting street, to precinct 7, to vote; I went to the poll 
to vote and they refused me; I went there to vote for Murray ; that was my inten¬ 
tion solely; I then put my name down on a blank kept by one Hicks. 

Q. Why were you not allowed to vote?—A. Because I did not have my registra¬ 
tion certificate; I am not liable to poll tax. 

Q. Did you at any time make application for a registration certificate; if so, did 
you get it?—A. I made application; I made it twice; I did not get it; they asked 
me first, could I read. I said, I could not; they said, then you must pass on. The 
second timel went back aud tried again, and they said you can not get it; get out of 
here; so then I waited there and tried to get it. A man came right behind me—a 
white man; they did not ask him any questions, nor did he read anything, but they 
gave him his certificate; he passed on, and I asked them how it was they could give 
it to that man and not to me; they said, none of my damned business; get out of 
here quick or I will have you arrested; then there was other men, colored, who 
were treated the same way; I was in the office aud saw this. 

Cross-examined: 

Q. You can’t read, canyon?—A. I can not. 

Q. When the gentleman gave you the constitution to read, you could not read 
it?—A. No, sir; he did not give it to me to read. 

Q. You just told him you could not read?—A. Yes; that I could not read. 

Q. Did you take any appeal from his decision?—A. No, sir; I did not. 

Q. How long were you at the polls?—A. I was there about two hours. 

Q. What day did you go to the registration office?—A. On a Monday. 

Q. In what month and day?—A. I can’t remember what month it was; it was in 
the spring of the year—I think about the month of May. 

Q. Did you go there again that same month—in the month of May?-A. Yes, I did. 

Q. Was there a big crowd there?—A. Yes, there was a pretty tolerable crowd. 

Q. You never made any attempt to read the constitution, did you?—A. No. 

Q. You did not try to explain it, either?—A. No, sir; he did not ask me to explain. 

Q. You were not at the polls when the ballots were counted, were you?—A. I was 
not there. 


68 


MURRAY VS. ELLIOTT! 


Q. You knew you could not vote if you did not have a registration certificate? 
A. I did not know if I could vote or no; I went to try. 

Q. That was the reason that you were refused?—A. 1 suppose so. 

Pat (his x mark) Middelton. 

Sworn to before me this 4th day of February, 1897. 

[seal.] H. W. Purvis, Notary Public. 


JOHN ROBINSON, sworn: 

By Mr. Myers : 

Q. Give your name, age, residence, and occujmtion.—A. John Robinson; age 40; 
live 36 Aiken street; a wood dealer. 

Q. Where were you on election day, the 3d day of November last, and what were 
you doing there?—A. I was at tliepolls, WardNine, precinct second, and was trying 
my best to work and vote for George W. Murray; I was early at the poll that 
morning to vote for Murray, but was rejected by the tellers, or ballot keepers. 

Q. What are those ballot-box keepers called?—A. We call them managers of the 
poll. 

Q. Who rejected you that day?—A. One of the managers. 

Q. What did you do after being rejected?—A. I then drew out my tax receipt and 
told him on the virtue of the same I was entitled to vote; this I told the managers; 
he said that he knew what I was, at the same time he could not let me vote, as I had 
no certificate; I then turned from there to the stand that Mr. Josh Tention kept, 
with blanks, aud he requested me to put my name thereupon, as a rejected voter of 
Mr. George W. Murray; I done so willingly. 

Q. Did anyone witness that paper?—A. Yes, sir. I don’t remember the names, but 
he asked them to do so, and they done so. 

Q. Do you know if there was any others, Republicans, rejected that day; if so, what 
did they do?—A. Yes; there was a dozen or more while I was there. They just 
went to the blank table and signed their names, same as I did. 

Q. Did you, on any occasion or occasions, make efforts to get your registration cer¬ 
tificate? Did you succeed? If not, why?—A. I did make three efforts, but did not 
succeed, on account of either time I was there I was crowded out by those who were 
there ahead of me in line. 

Q. Did you have to stand in line; and if so, under what conditions?—A. Because 
we were forced to do so by the police officer. 

Q. Did the applicants take position in line just as they come, or did you have to 
stand in a certain line?—A. They had to stand in a certain line. One was for white 
and one for the colored. 

Q. To what extent, if any, was the interest manifested by the Republicans of your 
ward and precinct in obtaining registration certificates ?—A. Great interest was mani¬ 
fested either time that I was at the registration office. I found them there making 
efforts, if possible, to procure their registration. 

Cross-examined: 

Q. There were two lines at the registration office?—A. Yes, sir. 

Q. White people had to stand in line?—A. Yes, sir. 

Q. They were treated just like colored people, were they not, as to standing in 
line?—A. No, sir; we were disturbed by the police officer. 

Q. You stood in the colored line, did you not?—A. Yes, sir. 

Q. There was a good many ahead of you?—A Yes, sir. 

Q. You was crowded out by the colored people?—A. Yes, sir. 

Q. You never applied to the supervisors at all?—A. I could never get to them to 
apply. 

Q. The crowd was too great?—A. Yes, sir. 

Q. You were rejected because you had no registration certificate?—A. Yes, sir. 

Q. Did you ever go to the registration office itself?—A. No, sir. 

Q. How long was you at the polls?—A. Two hours and a half, persuading those 
who were rejected to sign their names. 

Q. Do you know who the managers were at that poll?—A. They were all white 
men. I know one of them—Mr. Howard. 

Q. Was Mr. Howard the one that spoke to you at the poll, and did he know you?— 
A. Yes, sir; and he kiiew me. 

Q. You did not see anyone rejected who had a registration certificate?—A. I did 
not. 

John Rorinson. 

Sworn to before me this 4th day of February, 1897. 

[seal.] H. W. Purvis, Notary Public. 


MURRAY VS. ELLIOTT. 


69 


GEORGE COLLIER, sworn: 

By Mr. Myers: 

Q. Give your name, age, residence, and occupation ?—A. George Collier; age, 34; 
lives 28 Chappel street, in Ward 7; by occupation, laborer. 

Q. Where were you on election day, 3d of November last, and what were you doing 
there?—A. I was at the Congressional poll, corner Alexander and Charlotte streets; 
I went there to vote for George W. Murray ; I did not succeed; they refused me from 
voting because I had no registration certificate; this was done by the managers. 

Q. After being rejected, what did you do?—A. I came out and made an affidavit 
to the clerk, Mr. Cuthbert, and I signed it and he witnessed it. 

Q. What was the nature of that affidavit?—A. The nature of that affidavit was 
that I tried to vote for Mr. Murray, and was rejected. 

Q. How long did you stay at the poll?—A. About a half hour. 

Q. Did you see any others sign papers there that day?—A. No; not at the time. 

Q. You said you had no registration certificate. Did you ever try to get one, or 
place yourself in a position to get one?—A. I did. I tried for a week every day. I 
was at one time in the office; they gave me the Constitution to read; I read the 
Constitution, but they said it was not read satisfactory. I showed them my poll- 
tax receipt, but they still refused to give me my registration. 

Q. Under what circumstances were lines arranged in entering the office, and who 
watched and guarded over those lines?—A. There was two lines—a white and a col¬ 
ored—and the police was at the door. Six or seven whites would go in and register 
and come out to one colored. 

Q. Do you mean to say that while six or seven white men to one colored, that all 
the colored men who went in were registered also?—A. No, sir; they were not. 
They went in, but were not registered. 

Q. Will you state that?—A. Yes, sir. 

Q. To what exteut, if any, was interest manifested by Republicans in trying to get 
registered?—A. In order that they might vote, they took great interest, as they 
wanted to get their certificates to vote. 

Cross-examination: 

Q. Did you see anybody sign certificates upon the day you were at the poll, the 
half hour you were there?—A. Not at the time; I did not. 

Q. You mean while you was at the poll that day?—A. No. 

Q. How many times did you go into the registrar’s office?—A. Once. 

Q. Did you get a registration certificate on that occasion?—A. I did not. 

Q. You was refused on the ground that you could not read?—A. I read the consti¬ 
tution, but they said it was not read satisfactory to them. 

Q. You never went into the registrar’s office but that one time?—A. That one 
time. 

Q. Did you take any appeal from the registrar’s decision at that time?—A. I did 
not. 

Q. What day did you apply to the registrar’s office?—A. The 29th of April, 1897. 

Q. What was the name of the officer who rejected you?—A. I do not know the 
man. 

Q. Will you read a section of the constitution for me? 

(Counsel for contestee hands witness a copy of the new constitution of the State of 
South Carolina and asks him to read section 7 of article 10, under the heading of 
finance and taxation. 

(Counsel for contestant enters the same objection as in a like case previously had.) 

A. (The witness refuses to read it.) I have read it already to the managers of the 
registration office. 

Q. There was a policeman to preserve order at the register’s office, was there 
not?—A. There was. 

Q. Was the white people made to stand in line?—A. They were. 

Q. How long do you think you were in the register’s office itself?—A. About ten 
minutes. 

Q. Were you reading all the time?—A. Yes, sir. 

Q. Do you remember what section of the constitution it was?—A. I do not re¬ 
member. 

Q. You had plenty of time to read it in?—A. Yes, sir; I had plenty of time to 
read it. 

Q. Do you remember if it was a long or short section?—A. There was two pages 
of it. 

Q. That was one section, was it not?—A. It was. 

Q. Did you offer to vote on election day?—A. I did. 

Q. You was refused because you had no registration certificate?—A. I was. 

Q. Do you know who any of the managers were?—A. I do not know the man¬ 
agers. 


70 


MURRAY VS. ELLIOTT. 


Q. What precinct was it?—A. Precinct one. 

Q. Did you see anybody refused who had a registration certificate?—A. I did not. 

George Collier. 


Sworn to before me this 4th day of February, 1897. 

[SEAL.] H. W. PURVIS, Notary Public. 

Took a recess until 4.30 p. m., February 4,1897. 

Adjourned February 4, at 6 p. m., until February 5, at 9.30 o’clock a. in. 

H. W. Purvis, Notary Public. 

Charleston, S. C., February 5, 1897. 

Pursuant to adjournment, the taking of depositions was resumed at 110 Church 
street, city of Charleston, at which were present W. F. Myers, esq., representing 
contestant, and W. T. Logan, esq., representing contestee. 

(Counsel for contestee objects to the examination of all witnesses on this day, Feb¬ 
ruary 5, 1897, on the ground that he has never received any notice of the taking of 
these depositions on this day. 

Counsel for contestant submits original notice, on which is indorsed acceptance of 
service the 3d day of February, 1897, signed W. J. Bar well, counsel for William 
Elliott, contestee.) 

J. A. MINGES, sworn. 

By Mr. Myers: 

Q. Give your name, age, residence, and occupation.—A. J. A. Minges; age, 59; 
lives 100 Queen street, city of Charleston; by occupation a shipping agent and notary 
public. 

Q. Where were you on election day, 3d of November last, and what were you 
doing there?—A. I was at the 1st precinct, Ward 4, at the Federal poll, acting as a 
notary public. 

Q. As such notary public, what did you do?—A. I took affidavits of rejected 
voters at the Federal boxes. 

Q. Will you state what class of voters were rejected?—A. Colored Republicans 
from the Federal poll who were trying to vote for Presidential electors and Con¬ 
gressman. 

Q. Will you name that candidate for Congress?—A. G. W. Murray. 

Q. Have you those affidavits made that day and jurated by you? If so, produce 
them.—A. Yes; here they are. 

Q. How many of them are they?—A. Sixty-five of the first precinct of Ward Four. 

Q. Did you take these at the poll that day?—A. Yes, sir; I took them at the poll 
that day. 

(Counsel files the 65 affidavits in evidence, marked “Exhibit G.” 

Counsel for contestee objects to the introduction of these affidavits upon the 
grounds, first, that the affiants themselves are the proper persons to testify and 
should be called as witnesses; second, that these affidavits are not in response to 
any of the allegations in the notice of contest; third, by this method of proceeding 
contestee is deprived of the right of cross-examination, and, further, that these affi¬ 
davits have not been in the custody of the notary public.) 

Q. Did you have any further official connection with the statements of rejected 
voters for any other precinct? If so, state it.—A. At second precinct of Ward Four, 
swearing the rejected voters to their acknowledgments to the affidavits. 

Q. Have you those affidavits, and do you identify them as the affidavits?—A. Yes, 
sir; here they are. I identify those men, and now identify these affidavits. 

Q. How many of them did you swear?—A. Eighty-one. 

(Counsel submits in evidence the 81 affidavits, marked “Exhibit H.” 

Counsel for contestee objects upon the same grounds as previously made.) 

Cross-examination: 

Q. You are a colored man, a negro, are you not?—A. No, sir; I am by birth a 
Frenchman. Now I am a German, and a citizen of the United States. 

Q. You are a Republican ?—A. I am, sir. 

Q. Are you a registered voter?—A. I am. 

Q. Did you have any trouble in voting on election day?—A. No, sir. 

Q. Did you see anybody rejected who had a registration certificate?—A. No, sir. 

Q. At what poll were you at when the votes were counted?—A. First precinct, 
Ward Four. 

Q. Did you see the votes counted?—A. I did. 

Q. Did you see them counted as representing the Republican party and George W. 
Murray?—A. By difficulty. 


MURRAY VS. ELLIOTT. 


71 


Q. You did see them in that capacity—as a Republican?—A. Yes; after difficulty. 
Q. Who were the managers at that poll?—A. I do not remember their names. I 
know them by sight. 

Q. They knew you were a Republican, did they not?—A. I presume so. 

Q. Was there any other Republican there besides yourself?—A. No, sir. 

Q. You was the only Republican there?—A. Yes, sir. 

Q. About how many persons saw the counting?—A. There was the managers there: 
I was there and looked over his shoulder. About five in all, with the clerk. 

„ ^ „ J. A. Minges. 

Sworn to before me this 5th day of February, 1897. 

[seal.] H. W. Purvis, Notary Public . 

Exhibit G. 


Blank No. 2. 


State of South Carolina, Charleston county: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct 1 of Ward 4, and legally qualified to register and vote therein, did 
on this the 3d day of November, 1896, present himself at the said voting precinct to 
vote for Geo. W. Murray, the Republican candidate for Congress in the First dis¬ 
trict of said State, desiring and intending to vote for the said Geo. W. Murray, 
and, upon bis atempting to so vote, was denied the right to so vote, and his vote thus 
offered to tlie proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register, and further states that if he had been permitted to register and to vote 
at said election he would have voted for the said Geo. W. Murray, the Republican 
candidate for Congress in said district. 

Robert (his x mark) Small. 

Witnesses: 

i). Jackson, 

J. Rose. 

Personally appeared Robert Small and made oath that the above statement is cor¬ 
rect. 

[seal.] J. A. Minges, Notary Public. 

Charleston, S. C., Nov. 3d, 1896. 

[Sixteen affidavits same as above, signed and witnessed, filed with this exhibit.] 

Blank No. 1. 

State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age 21, male resident of the vot¬ 
ing precinct one of Ward 4, and legally qualified to register and vote therein, did, 
on this the 3d day of November, 1896, present himself at the said voting precinct to 
vote for Geo. W. Murray, the Republican candidate for Congress iu the First district 
of said State, desiring and intending to vote for the said Geo. W. Murray, and, upon 
his attempting to so vote, was denied the right to so vote, and his vote thus offered 
to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration, under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and he further states that if he had been permitted to register and to 
vote at said election he would have voted for Geo. W. Murray, the Republican 
candidate for Congress in said district. 

And the undersigned further states that he is qualified, even under the present con¬ 
stitution, as he can read and write, as evidenced by the fact that he signs this in his 
own handwriting. 

Nik Gorden. 

Personally appeared Nik Gorden and made oath that the above statement is 
correct. 

[seal.] J. A. Minges, Notary Public. 

Charleston, S. C., Nov. 3d, 1896. 

[Fifteen affidavits same as above, signed and witnessed, filed with this exhibit.] 


72 


MURRAY VS. ELLIOTT. 


Exhibit H. 

Blank No. 2. 

State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age 21, male resident of the 
voting precinct two of Ward 4, and legally qualified to register and vote therein, 
did, ou this the 3d day of November, 1896, present himself at the said voting pre¬ 
cinct to vote for Geo. W. Murray, the Republican candidate for Congress in the First 
district of said State, desiring and intending to vote for the said Geo. W. Murray, 
and upon his attempting to so vote was denied the right to so vote, and his vote 
thus ottered to the proper officers was rejected. 

Aud the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had beeu refused and denied the right 
to register; and he further states that if he had been permitted to register and to 
vote at said election he would have voted for Geo. YV. Murray, the Republican 
candidate for Congress in said district. 

And the undersigned further states that he is qualified, even under the present con¬ 
stitution, as he can read aud write, as evidenced by the fact that he signs this in his 
own handwriting. 

Richard (his x mark) Rivers. 

Witnesses: 

G. W. Williams. 

R. Kennedy. 

Personally appeared Richard Rivers and made oath that the above statement is 
correct. 

[seal.] J. A. Minges, Notary Public, South Carolina. 

Charleston, S. C., Decbr. IS, ’96. 

[Thirty-four affidavits same as above, signed and witnessed, filed with this exhibit.] 

Blank No. 1. 

State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age 21, male resident of the vot¬ 
ing precinct two, of Ward 4, and legally qualified to register and vote therein, did, on 
this, the 3rd day of November, 1896, present himself at the said voting precinct to 
vote for Geo. W. Murray, the Republican candidate for Congress in the first district 
of said State, desiring and intending to vote for the said Geo. AY r . Murray, and, upon 
his attempting to so vote, was denied the right to so vote, and his vote thus offered 
to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration, under the laws of South Carolina, 
being entitled to such registration, but had been refused and denied the right to 
register; and he further states that if he had been permitted to register and to vote 
at said election he would have voted for Geo. W. Murray, the Republican candidate 
for Congress in said district. 

And the undersigned further states that he is qualified, even under the present con¬ 
stitution, as he can read and write, as evidenced by the fact that he signs this in 
his own handwriting. 

Ned S. Edward. 

Witnesses: 

R. PlNCKNY, 

E. W. Williams. 

Personally appeared Ned S. Edward and made oath that the above statement is 
correct. 

[seal.] J. A. Minges, Notary Public. 

Charleston, S. C., December 28, ’96. 

[Forty-five affidavits same as above, signed and witnessed, filed with this exhibit.] 

E. A. WASHINGTON, sworn: 

By Mr. Myers: 

Q. Give your name, age, residence, and occupation.—A. E. A. Washington; age, 
35; lives, 12 Mount street; a carpenter. 

Q. Where were you on election day, the 3d day of November last, and what was 
you doing there?—A. I was at Ward 12, precinct first, at the Federal poll. I was 
making affidavits and witnessing the same with Mr. Edwards. 


MURRAY VS. ELLIOTT. 


73 


Q. How did you come to witness those affidavits?—A. As the men were refused to 
vote they came over and I took their affidavits, they signing the same, and I signed 
my name as a witness. 

Q. Refused to vote where, and by whom were they rejected?—A. They were 
refused to vote by the managers at the Federal poll. They were Republicans offer¬ 
ing to vote for M'urray for Congress. 

Q. Do you identify these or any of them?—A. I do. These are the affidavits taken 
that day, witnessed by myself and Mr. Edwards. I identify 98 of them. 

Q. Do you identify any more as witnessed by yourself?—A. I do. Ten of them by 
myselt and W m. Middleton; that makes 108 witnessed by me. 

Q. Do you know of anybody else witnessing that day ?—A. I do; M. Fields. 

Q. How many affidavits were made at that poll and witnessed by Messrs. Edwards, 
Fields, and yourself?—A. One hundred and thirty (130). These are the 130 [Wit¬ 
ness handing counsel the batch of affidavits.] 

Cross-examination: 

Q. Are you a registered voter?—A. I am. 

Q. Did you have any difficulty in complying with the test at the registration 
office?—A. I did not. 

Q. You are a colored man ?—A. 1 am. 

Q. Did you have any trouble in voting?—A. No. 

Q. How many affidavits, or rather, was 130 all the affidavits made out, the poll 
you had?—A. Yes. 

Q. Do you know who the managers were at that poll?—A. I know one, Thomas 
Fields. 1 

Q. Is Thomas Fields a colored man?—A. A white man. 

Q. Were you at the polls when the votes were counted ?—A. I was. 

Q. Did you witness the count?—A. I did not. 

Q. Did you apply to any of the managers to see the count?—A. I did not. 

Q. Did you see anybody rejected who had a registration certificate?—A. I did; one 
person, Isaac Eddy. 

Q. What was the reason he was rejected?—A. He did not have his poll-tax 
receipt. 

E. A. Washington. 

Sworn to before me this 5th day of February, 1897. 

H. W. Purvis, Notary Public, [l.s.] 

W. J. FIELDS, sworn: 

By Mr. Myers: 

Q. Give your name, residence, age, and occupation.—A. W. J. Fields; age 38; live 
323 Bulledge ave.; a carpenter. 

Q. Where were you on election day, 3d of November last, and what w r ere you 
doing there?—A. I was at precinct one, Ward No. 12, at the Federal poll. I was 
assisting in witnessing, along with W. B. Edward, Washington, and Meddleton, 
affidavits of voters, or men who offered to vote at the same precinct for G. W. Mur¬ 
ray for Congress and were rejected by the managers at that precinct. 

Q. What are these; can you identify them, or any of them?—A. These are the affi¬ 
davits that w ere taken on the day of election by parties who were rejected to vote 
at that precinct. I can identify six affidavits that were signed by myself and W. B. 
Edw ards, as witnesses;-also, six signed by myself, witnessed by me, along with E. A. 
Washington; also, tive affidavits I witnessed along with Wm. Middleton, making a 
total of seventeen that had been w itnessed by me. 

Cross-examination: 

Q. Are you a registered voter?—A. Yes, sir. 

Q. Did you have any difficulty in complying with the test at the registration 
office?—A. Yes, sir; I had been subjected to great inconvenience by applying at 
various times and days, and failed to reach inside of the inclosure where the regis¬ 
tration officers were at work—namely, at times, after having arrived near to the door 
where the registration was going on, the time had expired and I would have to call 
again, for there was two lines, one for white and one for colored, and at the entrance 
at the door of the registration office there was a policeman stationed there, and by 
his ingenuity he would obstruct the passage into the registration office of that class 
of men—namely, colored men—from entering in the room tow r ards the registration 
officers, as he would see tit, while the line that was composed of white men w T ouid be 
allowed to come in the room at the rate of about eight to every one colored man; 
and in the whole, the manner in which the registration was conducted it was a clear 
obstruction against the colored voters; and, after having been successful, and in 
gaining admission inside of tin; inclosure where the registration was going on, I was 
subjected to the most scrutinizing test of my educational qualities—namely, I was 
required to read a certain section of the constitution of the State of South Carolina 


74 


MURRAY YS. ELLIOTT. 


that was not required by none other than colored men. I witnessed while being in 
the office that white men would come in, and without being required to read any 
section in the said constitution, was given their registration certificates merely by 
signing their name on a piece of common paper. 

Q. Was there ever more colored men in the registration office than white men ?— 
A. Yes, sir. 

Q. When the door was closed did the white have to go away?—A. No, sir. 

Q. Do you know how long they had to stay there?—A. They did not have to stay, 
us there was none there to stay. They always finished up before the time to close. 

Q. There was never, on any occasion, any line of white men left standing at the 
door when it closed?—A. Not while I was there at any time. 

Q. Do you remember what days you were at the registration office?—A. I can not 
exactly remember the dates. 

Q. Do you remember what month it was?—A. I can’t exactly remember that, 
either. 

Q. When did you pay your poll tax?—A. I paid my poll tax a few days before the 
time to expire, that would enable you to vote on election day. 

Q. Did you apply for your registration certificate the same time you got your 
receipt?—A. Yes. 

Q. That must have been about the last of April or May?—A. I can’t exactly tell. 

Q. Was there many white men there trying to get registration certificates?—A. 
No, sir; there was not; there was not very many, but there was more than colored 
inside the office. 

Q. Did you have any difficulty in voting?—A. No, sir. 

Q. Did you see anybody rejected who had a registration certificate?—A. No, sir. 

Q. At what poll did you vote?—A. First precinct, Ward No. 12. 

Q. Do you know who the managers were at that precinct?—A. I can name two of 
them—Nicklos Quinn and Thomas Fields. 

Q. Were you at the poll when the votes were counted?—A. I was outside in the 
street, because the votes were counted in a house, and that was way off from the 
street, and by that, nobody on the outside could see what was going on inside, 
where were counted, was not the exact spot and place where the boxes had been 
stationed during the day, for the boxes were on the piazza in front of the isle 
leading from the gateway during the day when the voting was in progress, but 
when the time arrived to do the counting, boxes were taken into a room. 

Q. Do you know who witnessed the counting?—A. Think one E. Jenkins did. 
He was a colored man, and a Republican. 

Q. Do you know altogether how many persons witnessed the count?—A. I can’t 
say. 

W. J. Fields. 

Sworn before me this 5th day of February, 1897. 

[l. s.] * H. W. Purvis, Notary Public. 

W. B. EDWARDS, sworn: 

By Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. W. B. Edwards; age 28; 
live 296 Ashly avenue; a bricklayer. 

Q. Where were you ou election day, 3d of November last, and what were you 
doing there?—A. I was at the Federal poll, Ward 12, first precinct, taking affidavits, 
signing as a witness of parties that made a trial to vote; offered to vote for 
Geo. W. Murray for Congress. 

Q. Did anyone else in connection with you witness affidavits there that day. If 
so, name them.—A. Yes; E. A. Washington and W. J. Fields. 

Q. Do you identify these; and if so, state what they are, and how many of them 
you witnessed.—A. I do identify these as affidavits taken that day and witnessed 
by myself and E. A. Washington and W. J. Fields. 

Q. How many of those you witnessed?—A. I witnessed 104. 

Q. How many was taken that day?—A. One hundred and thirty, which were wit¬ 
nessed by W. J. Fields, E. A. Washington, and Middleton and myself. 

(Counsel files the 130 affidavits as Exhibit I. 

(Counsel for contestee objects to the introduction of these affidavits upon the fol¬ 
lowing grounds: First, that the affiants themselves are the proper persons to 
testify and should be called as witnesses. Second, because these affidavits are not 
in response to any of the allegations in the notice of contest. Third, by this method 
of proceeding contestee is deprived of the right of cross-examination; and further, 
that these affidavits do not come from the possession of a notary. 

Counsel for contestee. in no manner waiving his objection made at the beginning of 
this examination, on the ground he did not have proper notice, examines the wit¬ 
ness, and this applies under that notice.) 


MURRAY YS. ELLIOTT. 


75 


Cross-examination: 

Q. Are you a registered voter?—A. I am. 

Q. Did you have any trouble in complying with list at the register’s office?—A. I 
did ; after gaining an entrance to the supervisor’s office I was carried through a most 
rigid examination of reading and explaining and pronouncing of several tough words; 
they gave me a section of the constitution of South Carolina, that I have forgotten 
what it was. 

Q. Do you remember any of those hard words?—A. I do; I remember two of them, 
emolument and hereditary. 

Q. Did you have any difficulty in voting?—A. No, sir. 

Q. You are a Republican, are you not?—A. I am. 

Q. Did you see anybody rejected who had a registration certificate?—A. I saw 
twQ, but who they were by name I can’t remember. 

Q. Did you see their registration certificates?—A. I saw them in their hands, but 
I did not have them. 

Q. You don’t know what was in those certificates; you did not see them, did you ?— 
A. I did not see them to look at them myself. 

Q. Do you know why they were rejected?—A. I do not. 

Q. W ere you at the polls when the votes was counted?—A. I was on the outside, 
not in the inside; only one was permitted out of the crowd, that was Edward .Jenkins. 

Q. .Jenkins was a Republican, was he not?—A. Yes, sir. 

Q. Who do you work for?—A. Iam jobbing now, but I work for most of the bosses 
in town. 

W. B. Edwards. 

Sworn to before me this 5th day of February, 1897. 

[u. s.] H. W. Purvis, Notary Public. 

Exhibit I. 

Blank No. 2. 

State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct 1st of Ward 12, and legally qualified to register and vote therein, 
did, on this, the 3d day of November, 1896, present himself at the said voting pre¬ 
cinct to vote for Geo. W. Murray, the Republican candidate for Congress in the 
First district of said State, desiring and intending to vote for the said Geo. W. Mur¬ 
ray, and, upon his attempting to so vote, was denied the right to so vote, and his 
vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, lieing entitled to such registration, but had been refused and denied the right 
to register, and further states that if he had been permitted to register and to vote 
at said election, he would have voted for the said Geo. W. Murray, the Republican 
' candidate for Congress in said district. 

Jasper (his x mark) Jones. 

Witnesses: 

E. A. Washington. 

W. B. Edwards. 

Personally appeared Jasper Jones and made oath that the above statement is 
correct. 

[seal.] H. W. Purvis, Notary Public. 

Charleston, S. C., Dec. 12th. 

[Sixty-nine affidavits same as above, signed and witnessed, filed with this exhibit.] 

Blank No. 1. 

State of South Carolina. Charleston County: 

This certifies that the undersigned, being over the age 21, male resident of the 
voting preciuct 1st, of Ward 12, and legally qualified to register and vote therein, 
did, on this the 3d day of November, 1896, present himself at the said voting pre¬ 
cinct to vote for Geo. W. Murray, the Republican candidate for Congress in the first 
district of said State, desiring and intending to vote for the said Geo. W. Murray, 
and, upon his attempting to so vote, was denied the right to so vote, and his vote 
thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such au attempt to vote, and as 
required by statute, he had applied for registration, under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 


76 


MURRAY VS. ELLIOTT. 


to register; and lie further states that if he had heen permitted to register and to 
vote at said election, he would have voted for Geo. \\ . Murray, the Republican can¬ 
didate for Congress in said district. 

And the undersigned further states that he is qualified even under the present con¬ 
stitution, as he can read and write, as evidenced by the fact that he signs this in 
his own handwriting. 

Robert Barnwell. 

Witnesses: 

W. J. Fields. 

Wm. Middleton. 

Personally appeared Robt. Barnwell and made oath that the above statement is 
correct. 

[seal.] H. W. Purvis, Notary Public. 

Charleston, S. C., Dec. 11th, 1896. 

[Sixty affidavits, same as above, signed and witnessed, filed with this exhibit.] 

H. L. SMALLS, sworn: 

By Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. H. L. Smalls; age, 43; 
lives 8 Felix street; a paper carrier. 

Q. Where was you on election day, 3d of November last, and what were you 
doing there?—A. 1 was at first precinct, Ward 11, at the Federal poll. I was on the 
polling committee, issuing out tickets to the voters—Murray tickets, to the Repub¬ 
lican voters—and witnessed the affidavits made by rejected voters who offered to 
vote for George W. Murray; in company with John F. Drayton, C. S. Vanderhorst, 
and myself. Witnessed eighteen with these men. 

Q. Do you identify any of these [counsel handing the witness Exhibit F] ?—A. 
Yes, sir; these are the papers I signed, of which there is eighteen which I signed as 
witness. 

Cross-examination: 

Q. Are you a registered voter?—A. Y'es, sir. 

Q. Did you have any difficulty in complying with the test at the registration 
office?—A. Y r es, sir; they gave me a section to read and to explain it, I think relat¬ 
ing to the working of the legislature. 

Q. Did you have any difficulty in getting into the register’s office?—A. No, sir. 

Q. Was that all you had to do, to read a section of the constitution?—A. Yes, 
sir; and to explain it and sign my name. 

Q. Then he gave you your registration certificate?—A. Y r es, sir. 

Q. Did you have any difficulty in voting?—A. No, sir. 

Q. At what poll did you vote?—A. First precinct, Ward 11, the Federal poll. 

Q. Y r ou are a colored man?—A. Y^es, sir; and a Republican. 

Q. Did you see anyone rejected who had a registration certificate?—A. No, sir. 

Q. Were you at the polls when the vote was counted?—A. I was on the outside. 

Q. Did you make any application to the managers to see the vote counted?—A. I 
did not. 

Q. Do you know who saw the vote counted?—A. YYinderhorst was on the inside, 
but he could not see the votes as they came out the box, because the candlelight 
was so bad. and where he was standing he could not see. 

Q. Vanderhorst was a colored man and a Republican?—A. Yes, sir. 

Q. Where was the ballots counted?—A. In the doorway. 

Q. How many people witnessed the count besides Vanderhorst?—A. I think the 
three managers; five altogether. 

H. L. Smalls. 

Sworn to before me this 5th day of February, 1897. 

[l. s.] H. W. Purvis, Notary Public. 

I. A. MILLER, sworn: 

By Mr. Myers : 

Q. (iive your name, age, residence, and occupation.—A. I. A. Miller; age, 32; 
board on Aschedale street; by occupation, ship carpenter. 

Q. Where were you on election day, 3d of November last, and what were you doing 
there?—A. I was at Ward 3, second precinct, at the Federal poll, witnessing 
affidavits made by rejected voters, Republican voters, who offered to vote for George 
W. Murray. Joseph Smith also witnessed with me. 

Q. Do you identify these? If so, what are they?—A. I identify these affidavits as 


MURRAY VS. ELLIOTT. 77 

the same I witnessed on election day, as those of the rejected voters of George W. 
Murray. I witnessed 11 of them. 

(Counsel files the 11 as Exhibit J. 

Counsel tor contestee objects to the introduction of these affidavits, upon the 
grounds previously made to such papers.) 

Cross-examination: 

Q: Are you a registered voter?—A. No. 

Q. Did you try to get registered?—A. I could not at the time, as 1113 ^ business was 
out of the city. 

Q. Did you offer to vote on election day?—A. Yes, sir. 

Q. lou was rejected because you had no registration certificate?—A. Yes, sir. 

Q. Did you see anybody rejected who had a registration certificate?—A. No. sir. 

Q. Do you know who was the candidates for Congress at this last election from 
this district?—A. George W. Murray and Mr. Elliott. 

Q. Were those the only two tickets at the poll that day?—A. All that I took par¬ 
ticular notice of. 

Q. ^ on never heard at any time thatCecil Cohen was a candidate as a Republican? 

(Counsel for contestant objects, as the candidacy of Cecil Cohen is not mentioned 
in any of the allegations in the notice of contest or reply, and is not germane to this 
issue.) 

A. 1 have heard, but never paid any attention to it. 

Q. Do you know what vote Cohen received that day?—A. I don’t remember. At 
my precinct he received votes, but I don’t know how many. 

Q. Were you at the polls when the votes were counted?—A. I was. 

Q. Did you see them counted?—A. 1 could not see them on account of the crowd 
on the inside, I standing in the doorway. 

Q. Do you know how many witnessed the count?—A. No, sir. 

Q. Was there any colored people there?—A. Not on the inside. 

Q. Did you apply to the managers to be allowed to see the vote canvassed?—A. I 
did, but was not allowed. 

Q. The crowd was too large for you to get in?—A. I could not get into the room; 
it was a very small room. 

Q. Who were the managers at that poll; do you know them?—A. I do not know 
all; I knew one—Clarence Levey. 

Q. Which one of the managers did you apply to to be allowed to see the count?— 
A. To Clarence Levey. 

Q. What did you say to him?—A. I asked permission to see the votes counted. 
He told me yes. I tried to get in but could not, as the crowd was too great. 

Q. The manager did not then object to you seeing the count?—A. No. 

Q. How long have you lived in the city here?—A. Twenty-nine years. 

Q. Have you lived here continuously all that time ?—A. No; I have been going away 
from the city on account of my business, sometimes for fi ve years, at different seaports. 

Q. You were out of the city when the registration of voters took place?—A. Yes. 

Q. Who are you working for now?—A. No contractor at all. Just got through 
yesterday with some work for B. F. Cramer, contractor and builder. 

I. A. Miller. 

Sworn to before me this 5tli day of February, 1897. 

H. W. Purvis, Notary Public, [l. s.] 

Exhiuit J. 

Blank No. 1. 

State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct 2 of Ward 3, and legally qualified to register and vote therein, did, 
on this, the 3d day of November, 1896, present himself at the said voting precinct to 
vote for Geo. W. Murray, the Republican candidate for Congress in the First district 
of said State, desiring" and intending to vote for the said Geo. W. Murray, and, 
upon his attempting to so vote, was denied the right to so vote, and his vote thus 
offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and he further states that if he had been permitted to register and to vote 
at said election he would have voted for Geo. W. Murray, the Republican candidate 
for Congress in said district. 

And the undersigned further states that he is qualified even under the present 


78 


MURRAY VS. ELLIOTT. 


constitution, as he can read, and write, as evidenced by the tact that he signs this in 
his own handwriting. 

F. Taylor. 

W itnesses: 

Joseph Smith. 

I. A. Miller. 

Personally appeared F. Taylor and made oath that the above statement is correct. 

[seal.] Solomon M. Brown, Notary Public. 

Charleston, S. C., Jan. 13th , 1807, 

[Three affidavits, same as above, signed and witnessed, tiled with this exhibit.] 

Blank No. 2. 

State of South Carolina, Charleston County: 

This certities that the undersigned, being over the age of 21, male resident of the 
voting precinct 2 of Ward 3, and legally qualified to register and vote therein, did, 
on this, the 3d day of November, 1896, present himself at the said voting precinct to 
vote for Geo. W. Murray, the Republican candidate for Congress in the First district 
of said State, desiring and intending to vote for the said Geo. W. Murray, and, 
upon his attempting to so vote was denied the right to so vote, and his vote thus 
offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register, and further states that if he had been permitted to register and to vote 
at said election he would have voted for the said Geo. W. Murray, the Republican 
candidate for Congress in said district. 

I. (his x mark) Shives. 

Witnesses: 

Joseph Smith. 

I. A. Miller. 

Personally appeared I. Shives and made oath that the above statement is correct. 

[seal.] Solomon M. Brown, Notary Public. 

Charleston, S. C., Jan. 13th, 1897. 

[Six affidavits, same as above, signed and witnessed, filed with this exhibit.] 

E. W. WILLIAMS, sworn: 

By Mr. Myers: 

Q. Give your name, age, residence, and occupation.—A. E. W. Williams; age, 41; 
lives 29 Franklin street; a shoemaker. 

Q. Where were you on election day, 3d of November last, and what were you doing 
there?—A. I was at Ward 4, second precinct, at the Federal poll; I was a clerk, and 
witnessed the blanks of rejected voters who offered to vote for G. W. Murray for 
Congress; these rejected voters signed the blanks and I witnessed their signatures 
with R. Kennedy. 

Q. Do you identify these? If so, and how many?—A. I do; they are blanks of the 
rejected voters who offered to vote for G. W. Murray and which I witnessed; there 
are 81 of them. 

(Witness hands counsel Exhibit H.) 

Q. Have you a registration certificate? If so, what are the conditions in procur¬ 
ing it?—A. I was after and contented with the registers in getting a registration for 
fifteen years. Under the new constitution I was there four times standing in the 
line. I succeeded on the last time in getting it. The first time I was rejected after 
reading, and asked a question to explain, I did not understand it. I got it by reading 
the last time. 

Cross-examination: 

Q. You were given two trials to get your registration certificate ?—A. I was. 

Q. Did you have any difficulty in voting?—A. None. 

Q. Did you see anybody rejected who had registration certificate?—A. I did not. 

Q. Were you at the poll when the vote was counted?—A. I was outside. 

Q. Did you apply to the managers to see the vote?—A. I did not. 

Q. Did any Republicans see the count at all?—A. Yes, sir; the chairman of Ward 
4, Perrin. 

E. W. Williams. 

Sworn to before me this 5th day of February, 1897. 

H. W. Purvis, Notary Public, [l. s.] 


MURRAY VS. ELLIOTT. 


79 


W. J. MARTIN, sworn: 

By Mr. Myers : 

Q. Give yonr name, age, residence, and occupation.—A. W. J. Martin; age, 36: 
lives lfiO St. Phillips; a painter. 

Q. Did you vote on the day of election? If not, why?—A. I did not vote because 
I had no registration certificate. I offered to vote for George W. Murray for Con¬ 
gress at the Federal poll. 

Q. After being rejected, what did you do?—A. I went to C. S. Vauderhorst and 
made out an affidavit. 

0- Did you swear to it before anybody?—A. I signed it in the presence of Vander- 
horst and Smalls. 

Q. Did you ever apply for a registration certificate, and did you get it?—A. I did 
apply, but did not get it. I applied on the 27th of April and was rejected, after 
reading the constitution, and I had to explain, but could not to the satisfaction of 
the supervisors. 

Cross-examination: 

Q. Was there much of a crowd at the register’s office when you went there?—A. 
Yes, sir. 

Q. How long were you in the register’s office, you suppose?—A. About thirty 
minutes. 

Q. Did you ever go there again after being rejected the first time?—A. I did, the 
following week; the crowd was so great that I had to leave; the time had expired to 
close the doors. 

Q. You never got into the register’s office again?—A. No, sir; I never did. 

G>. You was only in the register’s office once, then?—A. Just once. 

Q. Do you know what section it was he asked you to read?—A. I think I do; page 
37, section 13. 

Q. Have you read over that section since?—A. No, sir. 

(Counsel for contestee hands witness a copy of the new r constitution of the State 
of South Carolina and asks him to read section 13 of article 9. 

Counsel for contestant files the same as in similar case had, and further, that it is 
not wdthin the province of this reference to test, in any manner, intellectual or polit¬ 
ical, the qualifications of witness.) 

A. I have already read it for the registration officers, at their office, and think 
that should be sufficient, and cheerfully decline to read it. 

Q. At w T hat precinct and ward did you offer to vote at?—A. Eleventh Ward, first 
precinct, at the Federal poll. 

Q. Do you know w’ho the managers were at that poll?—A. I do not. 

Q. Did you see anybody rejected who had a registration certificate?—A. No, sir. 

Q. Were you at the polls wlien they were closed?—A. No, sir. 

Q. Do you know how many votes were cast lor Cohen, one of the Republican can¬ 
didates for Congress from the First district? 

(Counsel for contestant submits that the candidacy of Cohen does not appear in 
any of the allegations of notice or answer thereto in this contest; the question is- 
wholly irrelevant, and witness, in the exercise of his right, can decline to answer.) 

A. I paid no attention to Cohen. 

Q. You never on any occasion heard that Cohen was a candidate for Congress,_ 
did you?—A. If I did, I paid no particular attention to it. 

Q.' How many votes did he get at that poll that day, do you know?—A. I don’t 
know. 

Q. When you were refused registration, did you take an appeal?—A. To the 
notary public. 

Q. Was that the only appeal you took?—A. Yes, sir; that was the only appeal I 
took. 

M. J. Martin. 

Sworn to before me this 5th day of February, 1897. 

[l. s.] H. W. Purvis, Notary Public.. 

G. S. PATTERSON, sworn: 

By Mr. Myers: 

Q. Give your name, age, residence, and occupation.—A. G. S. Patterson; age, 32; 
live, 77 Tradd street; merchant. 

Q. Where were you on election day, 3d day of November, and what were you- 
doing there?—A. 1 was at the Federal poll, Ward 1, precinct 2, for the purpose of 
witnessing those who made an attempt to vote at the Federal box and w ere rejected, 
and then witnessed their affidavits that they signed, they having offered to vote for 
G. W. Murray and were rejected. This I did in company with E. L. Dingle and J. GV 
Clark. 


80 


MURRAY VS. ELLIOTT. 


Q. Do you recognize those, and what are they? _ ^ 

(Counsel hands witness package of papers marked “Exhibit E.”) 

A. Yes, sir; I recognize them as the affidavits of the rejected voters made that 
day, as witnessed that day by myself, Dingle, and Clark. 

Q. How many are they, as witnessed by you?—A. There are 53. 

Cross-examination: 

Q. You testified that you were a merchant. What license tax do you pay?—A. I 
pay $10. . . 

Q. You are a very small merchant, aren’t you?—A. Yes, sir; I do a small business. 

Q. Are you a registered voter?—A. lam. 

Q. Did you have any difficulty in complying with the test at the registrar’s office?— 
A. I did on entrance, and I was very ridgly examined. 

Q. Will you state what that rigid examination was?—A. I don’t remember the 
exact portion of the law they referred me to, but I was asked different questions in 
the constitution of South Carolina. I was asked to read, pronounce, and explain 
the questions asked. 

Q. They only asked you to read the constitution?—A. To read, pronounce, explain 
the same. 

Q. Do you remember what section it was?—A. I do not. 

Q. After you had read the constitution, did you get your registration certificate?— 
A. I did. 

Q. That was all the test you had then?—A. Yes, sir. 

Q. Did you have any difficulty in voting?—A. No. 

Q. You are a colored man?—A. Yes; and Republican. 

Q. Did you see anybody rejected who had a registration certificate and not allowed 
to vote?—A. I did not. 

Q. Were you at the polls when the ballots were canvassed?—A. I was. 

Q. Did you apply to any of the managers to be allowed to see the count?—A. I 
did not. 

Q. Do you know of any colored man who did?—A. Clark was there during the 
canvass. 

Q. He saw it, then?—A. Yes, sir. 

Q. Is he a Republican and a colored man?—A. He is. 

Q. What Clark is that? Please give his initials.—A. J. C. Clark. 

G. IS. Patterson. 

Sworn to before me this 5th day of February, 1897. 

[l. s.j H. W. Purvis, Notary Public. 

E. L. DINGLE, sworn: 

By Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. E. L. Dingle; age, 31; 
live 100 Tradd street; by trade, huckster. 

Q. Where were you on election day, 3d of November last, and what were you 
doing there?—A. I was at the second precinct, Ward 1, at the Federal poll; a wit¬ 
ness to blanks, affidavits, in the interest of G. W. Murray of those who offered to vote 
and were rejected. I witnessed them that signed the affidavits, in connection with 
G. S. Patterson and J. C. Clark. 

Q. How many of such affidavits did you witness that day?—A. Thirty-five. 

Q. What are these [handing witness Exhibit E] ?—A. They are the affidavits that 
I witnessed with G. S. Patterson, J. C. Clark. There is altogether 53 in all. 

Cross-examination: 

Q. Are you a registered voter?—A. I am. 

Q. Did you have any difficulty in complying with the test at the registration 
office?—A. I did. On the 23d day of April I applied to register. After entering, the 
constitution was handed to me by the supervisor; he selected a section; asked me 
to read and explain. After reading and explaining, I was rejected upon a question. 
The question was, “What was arson?” While I was explaining two white gentle¬ 
men came in. They said I would have to come back; they had not time. I went 
back on the 27th day of April. I got my certificate. 

Q. The first time you went to the registrar’s office you were rejected on the ques¬ 
tion “What is arson?”—A. That is right; yes. 

Q. They allowed you a second trial?—A. They didn’t. I allowed myself; I went 
back. When I went back there was no one there. They did not ask me to read; 
only to sign my name, and they gave me my registration certificate. 

Q. Did you have any trouble in voting?—A. I did not. 

Q. Did you see anybody rejected who had a registration certificate?—A. I did not. 

Q. Were you at the poll when the votes were canvassed?—A. I was on the outside. 


MURRAY VS. ELLIOTT. 


81 


They would not let us come in. I asked to go in. The managers at the Federal poll 
told the police to drive us oft. AVe got up on the fence, the police standing in the 
middle ol the door, and drove us all down. 

Q. that vote was not watched by J. C. Clark, a colored man, was it, and Repub¬ 
lican f A. Clark and rnysell stood on the outside; peeped through the cracks when 
they were counting the votes. 1 said “ It is not fair.” The managers said: “Run 
those men off from here; its none of their business.” 

^ Q. G. S. Patterson, who testified just before you, lied when he said that J. C. 
Clark, a colored man and a Republican, watched the vote.—A. Patterson was not 
there. 

Q. Did you see anybody rejected who had a registration certificate?—A. I did not. 

Q. Have you ever been in any trouble with the police, Dingle?—A. I decline to 
answer. 

^ E. L. Dingle. 

Sworn to beiore me this 5th day of February, 1897. 

[ L - S -1 H. W. Purvis, Notary Public. 

GEORGE P. McCLAY, sworn: 

By Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. George P. McClay; age, 
37; lives 282 Rutledge avenue, and by occupation a notary public and pension attorney. 

Q. W here were you on election day, 3d of November last, and what were vou doing 
there?—A. I was at the Federal poll of the 2d precinct of Ward 11, acting in the 
capacity ot a notary public, jurating affidavits sworn to before me by voters who 
had offered to vote for Geo. W. Murray for Congressman from the First district, and 
who were rejected by the election officers. These officers that I referred to are those 
who received the votes of those who offered to vote. They 7 were managers. 

Q. Do you recognize these papers? If so, what are they? 

(Counsel hands witness a batch of papers). 

A. I do, sir. These are affidavits by persons or voters who had offered to vote and 
were rejected by the managers of election, and who made oath to that fact, sup¬ 
ported by the signature of witnesses identifying the signatures of the voters upon 
statements sworn to before me, they having offered to vote for Geo. W. Murray, and 
I desire to state that I had two forms of blank affidavits, No. 1 to be used by those 
who signed their own names, and No. 2 to be used by those who made their marks, 
both forms witnessed to by identifying witnesses, before me, and those in form No! 

1 who signed their names were required by me to read form of affidavit before exe¬ 
cuting, and form No. 2, affidavits were read to voter that he might fully understand 
before executing. 

Q. How many affidavits was signed before and sworn to by you on that day?—A. 
One hundred and forty-nine. These are the affidavits; I identify them as my"work. 

(Counsel files the same as Exhibit K. 

Counsel for coutestee objects to the introduction of these affidavits upon the ground, 
first, that the affiants themselves are the proper persons to testify and should be 
called as witnesses; second, that these affidavits are not in response to any of the 
allegations in the notice of contest; third, by this method of proceeding the coutestee 
is deprived of the right of cross-examination, and further, because the affidavits do 
not come from the possession of the notary.) 

Q. State what, if anything, you know of the conduct of the registration officers 
during the time of registration.— A. I have noticed that on several different occa¬ 
sions during the issuance of registration certificates, that voters were required to 
read from the new constitution of the State of South Carolina what might be 
required by the registration officers; to explain the same; to write their own names, 
including post-office address, and if the slightest dissatisfaction appears on the part 
of the supervising officer or officers the voter was rejected. And again I have seen 
two lines of citizens of the United States, both lines offering to register at the same 
office, entering through the same door at the same time, one line composing the white 
citizens, who were given every privilege; the colored line were much hampered by 
the appearance of the policeman who might be in attendance, who were very strict 
in a regulation, appearing to be their governing feature in admitting colored voters 
as they saw fit. I have seen persons offer to register who have come up to the 
requirements of the constitution, who have been deprived of their registration cer¬ 
tificates after proving their qualifications. These persons referred to are colored 
citizens of the United States, residing in South Carolina. I have seen white men, 
or citizens, come up to the registration booth, entering without ceremony, going 
through no ceremony, and who have obtained registration certificates, while colored 
citizens were required to keep in a line, formed by them, and to enter the booth 
when admitted by policemen who appeared to be in charge of the affair, the proc¬ 
ess being so slow that many, after keeping their places in line for hours, were 

17745-6 



82 


MURRAY VS. ELLIOTT. 


deprived of their certificates by a cessation of work on account of the arrival of 
the hour of closing. And it does appear that the intention of the operation of the 
law was calculated to reduce the number of colored voters that they might be easily 
handled. I have observed that when white men registered somewhat numerously, 
the requirements of the law were not held so strictly over colored voters or registers. 

Q. Did this privation you speak of apply to all the applicants alike?—A. It did 
not; it affected, to my observation, the colored men, to minimizing their voting 
strength. I would state that the number of white men would be about one-fourth 
or one-fifth of the number of colored men at the most, if any white men were left 
at the closing of the office. 

Q. What was the proportion of colored applicants for registration, as compared 
with the white applicants, that were rejected or denied certificates?—A. From my 
observation of the number of applicants, in every case, with a very few exceptions 
(said exceptions to only give color to the appearance of fairness), white men were 
registered, while colored voters were given about one-fifth or third of the number 
who offered to register. I don’t know if this is not too liberal. 

Q. How many constitute the board of registration officers?—A. They are three 
that constitute the board. 

Q. Of what political complexion were those three?—A. Positively Democratic. 

Q. Did the Republicans, in any way or manner, have representation on this 
board at any time?—A. They did not. 

Q. How many constitutes the board of election managers at the Federal poll?— 
A. Three Democrats and a clerk. 

Q. Well, did the Republicans have any representation at all on these election 
boards?—A. None. 

Q. Did the Republicans make any demand for representation on the boards of 
managers?—A. I can’t answer positively, but I think they did. 

Q. To what extent, if any, was interest manifested by the Republicans of your 
county in efforts to obtain registration certificates?—A. I should judge about seven- 
eighths of the whole voting power of the county made the greatest efforts possible, 
appearing time after time, coming from the most remote corners in the county to the 
county seat, only to be disappointed in getting their certificates. 

Q. To what extent, if any, were the Republicans of your county interested in the 
candidacy and advocacy of George W. Murray, the Republican candidate for Con¬ 
gress?—A. I would liken their enthusiasm to the numeral 99 against the numeral 1; 
99 favoring G. W. Murray, and the single 1 contributed to all other candidates. 

Q. Have you an organization of the Republican party in your county; and if so, 
to what extent?—A. We have; constituted of .all of the colored voters, with the 
exception of a few individuals who desired to represent themselves as a Republican 
party, numbering about twenty-five in the whole county. Each precinct has its 
own organization of the Republican party, governed by officers of their own 
selection. Their combination forms the grand whole, subject to the control of the 
county executive committee, which is made up by representatives from each precinct 
in the county; the president of each club or precinct is a member of said committee 
by virtue of his office; and this county organization, with similar organizations of 
the other counties in the State, form the State organization; the State executive 
committee of the Republican party is so made. 

Q. You stated there that you are an officer in your ward?—A. I am a member of a 
committee of one of the clubs. 

Q. Have you at any time ever taken steps in giving information and direction to 
Republicans in reference to registration ?—A. From immediately after of going into 
operation of the registration law of the new constitution my club held regular 
meetings for giving information on the constitution, so that the most ignorant voters 
would understand, when read to them, as required by the constitution, I having 
rendered much services in that direction. 

Cross-examined: 

Q. Is not a great deal of that which you have testified to—a very large portion 
of it—hearsay, or is it entirely of your own personal knowledge?—A. Not hearsay; 
my own personal knowledge by observation and contact. 

Q. Who were the managers of the poll you were stationed at ?—A. I do not 
remember. 

Q. You don’t remember the names of any of them?—A. I think Mr. Hazel was one 
of them, but I am not sure of that. 

Q. You can’t remember positively the name of a single one of the managers at 
your own precinct where you was stationed all day?—A. I can not. 

Q. There are twenty-four voting precincts in Charleston and 156 managers; did 
you know any of those?—A. I do and did know some of them, to say that I am per¬ 
sonally acquainted with some of them as far as the announcement made through the 
daily papers. 

Q. How many of those men will you swear you knew?—A. I can’t answer that 


MURRAY VS. ELLIOTT. 


83 


question, as I can’t answer as a fact that those men served, hut I can state the chim¬ 
ney contractor of Ward 11 was, to my personal observation, a manager at the State 
poll of the second precinct of Ward 11; do not know his name, but I am on speak¬ 
ing acquaintance with him. 

Q. All you know, then, of the great majority of managers is what you saw in the 
newspapersf—A. As far as acquaintanceship is concerned. 

Q. That is all you know about the managers, and yet you said that every manager 
was positively a Democrat?—A. From the position I occupied, there is no other 
means of determining the political complexion of these managers from the source 
ot information, except through the information obtained from the daily issues of the 
publication that contained notice of their appointment. 

Q. How many of those managers will you swear were Democrats?—A. From my 
observations and opinions, 1 have no hesitation of saying that every one of them are 
Democrats. 

Q. Will you swear that they were all Democrats?—A. I will swear, positively, 
that they are of the Democratic persuasion, regardless of what names they may sail 
under. 

Q. How long were you in the register’s office when you went to get your registra¬ 
tion certificate?—A. I was on the inside of the registration office about ten minutes, 
and standing at the doorway opening immediately into the office about three-quarters 
of an hour or one hour. 

Q. How many times did you have to go to the registration office to get your cer¬ 
tificate?—A. No required number of times. I made one appearance and one appli¬ 
cation for the purpose of obtaining it and succeeded. On other occasions that I 
have been present I did not make the effort, being engaged in assisting those who 
desired, by helping to obtain tax receipts and otherwise contributing to their quali¬ 
fications. 

Q. Were you at any time stationed in the register’s office?—A. I was not. 

Q. You mean to say you was only in the registration office ten minutes while the 
registration was going on?—A. Yes. 

Q. Y r ou testified in your direct examination you spoke entirely from personal 
knowledge, is it possible that you were at the registers office one hour and ten min¬ 
utes, according to your own statement?—A. I will reiterate I was at the registration 
office on more than one occasion otherwise engaged than in obtaining registration 
for myself. 

Q. You testified under oath that you saw numbers of white people get their reg¬ 
istration certificates by only signing their names, that numbers of colored people 
were rejected, how could you possibly see all this in ten minutes?—A. My observa¬ 
tion was not confined to the ten minutes or the hour and 10 minutes on the occasion 
on which I registered, but rather to the several occasions that I have obtained or 
secured tax receipts, presenting them to the voters while in line, bringing me in 
such a vicinity that I observed what I have testified to, also from seeing white men 
bringing certificates from the registration office, knowing that they had in many 
instances carried in only poll-tax receipts. 

Q. Will you swear that you could see and hear what went on in the register’s 
office on the several occasions you referred to as being there?—A. I am under oath 
and held responsible for whatever statement 1 make. 

Q. Did you see and hear?—A. Not everything that went on in the office. 

Q. How many men could you see or hear from where you were who were rejected 
from the register’s office?—A. I can’t answer that question; my presence from where 
I could see and hear covers more than the hour and ten minutes referred to. 

Q. On all occasions that you were there, how many men did you see and hear 
rejected in the register’s office?—A. More than 50, the least calculation. 

Q. You yourself saw all those men rejected in the register’s office?—A. I did. 

Q. Did you know yourself, or were you near enough to hear, to what examination 
they were subjected—I mean the whole 50?—A. I can not specify the examinations 
or rejection of all I may have seen. 

Q.' How many times did you go to the register’s office altogether?—A. Aboutthree- 
fourths of the number of days that the office was open prior to the election on the 3d 
of November. 

Q. Did vou have any trouble in voting?—A. None. 

Q. Did you ever on any occasion see a line of white people kept from regis¬ 
tering by the closing of the register’s office?—A. I have; I have seen those who have 
come°up just immediately prior to the closing of the office be forced or deprived of 
registration. 

Q. You are well acquainted with a large number of those who were rejected, were 
you not?—A. Yes. 

Q. Did you ever know a single one of them took sufficient interest in the election 
or in getting registered to take an appeal when he was refused registration? A. I 
do know those who would have appealed if it was not for the expenses necessary to 
eonduct an appeal. 


84 


MURRAY YS. ELLIOTT. 


Q. Can you give me the name of a sin&le one who did appeal?—A. I can not. 

Q. Did vou know or did you see anyone refused allowed to vote who had a regis¬ 
tration certificate?—A. I did. .John Beunet; he lives, I think, No 9 Felix street, or 
thereabouts; a carpenter by trade. 

Q. What precinct did he offer to vote at?—A. The second precinct of Ward 11, 
after being refused at the first precinct of the same ward ; he was refused because of 
some error between the certificate and the poll list. 

Q. At what poll was you stationed during the day—and what precinct?—A. The 
Federal poll of the second precinct of Ward 11. 

Q. Did you see Bennett’s certificate?—A. I did, and can identify it if I saw it again. 

Q. Did you see the poll list?—A. I did not, as the statement under which he came 
to me, as notary public, for advice, I referred him on account of the error to the com¬ 
missioners of election for the county, and found that he had been to them, judging 
from the endorsement of one of their names on the back of the certificate, advising 
that he be allowed to vote, but he was not allowed to vote. 

Q. All you know about his not being allowed to vote he told you himself?—A. I sat 
right directly opposite to the polling booth, saw his entrance there, saw him present 
his certificate, (lid not vote, and came over to where I was with two witnesses, who 
knew positively of his rejection. I only know positively from his statements and 
the witnesses. 

Q. Were those witnesses in the voting booth ?—A. They were not. 

Q. Do you know of any other person who was rejected who had a registration cer¬ 
tificate?—A. I do not. 

Geo. P. McClay. 

Sworn to before me this 5th day of February, 1897. 

- H. W. Purvis, Notary Public, [l. s.] 


Exhibit K. 


Blank No. 2. 


State of South Carolina, Charleston County. 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct 2 of Ward 11, and legally qualified to register and vote therein, did, 
on this, the 3d day of November, 1896, present himself at the said voting precinct 
to vote for Geo. W. Murray, the Republican candidate for Congress in the First dis¬ 
trict of said State, desiring and intending to vote for the said Geo. W. Murray, and, 
upon his attempting to so vote, was denied the right to so vote, and his vote thus 
offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register, and further states that if he had been permitted to register and to vote 
at said election he would have voted for the said Geo. W. Murray, the Republican 
candidate for Congress in said district. 

Kit (his x mark) Butler. 

W itnesses: 

T. SlNNONS, 

T. F. Mellim. 


Personally appeared Kit Butler and made oath that the above statement is correct. 
[seal.] Geo. P. McClay, Notary Public. 

Charleston, S. C., November 3d, 1896. 

[Eighty-two affidavits, same as above, signed and witnessed, filed with this 
exhibit.] 

Blank No. 1. 


State of South Carolina, Charleston County. 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct 2, of Ward 11, and legally qualified to register and vote therein 
did, on this, the 3d day of November, 1896, present himself at the said voting pre¬ 
cinct to vote tor Geo. W. Murray, the Republican candidate for Congress m the 
First district of said State, desiring and intending to vote for the said Geo. W. Mur¬ 
ray, and, upon his attempting to so vote, was denied the right to so vote, and his 
vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration, under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 


MURRAY YS. ELLIOTT. 


85 


to register ; and. lie further states that if he had been permitted to register and to vote 
at said election, he would have voted for Geo. W. Murray, the Republican candidate 
for Congress in said district. 

And the undersigned further states that he is qualified even under the present 
constitution, as he can read and write, as evidenced by the fact that he signs this in 
his own handwriting. 

Fred E. Rames. 

Witnesses: 

Tobias Sinnons. 

Jefferson Grant. 

Personally appeared Fred E. Rames and made oath that the above statement is 
correct. 

[seal.] Geo. R. McClay, Notary Public. 

Charleston, S. C., Nov. 3d, 1896. 

[Sixty-five affidavits, same as above, signed and witnessed, filed with this exhibit.] 

WILLIAM DEAS, sworn: 

Examined by Mr. Myers: 

Q. Give your name, age, residence, occupation.—A. William Deas; age, 23; live 
at 22 Reed street; plasterer. 

Q. Where were you on election day, 3d day of November last, and what were you 
doing there?—A. I was at the Federal poll in Ward 9, first precinct, as one of the 
rallying committee, and witnessing, with Mr. Martin and Mr. Grant, rejected voters 
making affidavits. 

Q. What were those affidavits, and why did they make them?—A. The affidavits 
related to those who offered to vote for G. W. Murray and were rejected by the com¬ 
missioners, and, when rejected, came over and made an affidavit, which were wit¬ 
nessed by myself and Mr. Martin and Grant. 

Q. What day was that done on?—A. The 3d of November, the day of election. 

Q. Do you identify these [counsel handing witness Exhibit D] ? If so, tell what 
they are.—A. I identify these as affidavits, witnessed by myself and Mr. Martin and 
Grant on the day of election, on the 3d of November, and were rejected after offering 
to vote for G. W. Murray. 

Q. How many of these signed in your presence that day? —A. Fifty-three. 

Cross-examined: 

Q. Are you a registered voter?—A. Yes, sir. 

Q. Did you have any difficulty in complying with the test at the registration 
office?—A. Yes. I had to read and explain, sign my name and post-office address. 
That is all I had to do, and I received my certificate. 

Q. Do you know what section of the constitution you had to read?—A. I do not; 
have forgotton. 

Q. Did you only have to read one?—A. I read several of them, until he told me to 
stop. 

Q. You read without difficulty, do you not?—A. Yes; I do. 

Q. Did you have any difficulty in voting?—A. I did not. 

Q. You are a Republican and a colored man?—A. Yes, .sir. 

Q. Did you see anybody rejected who had a registration certificate?—A. I did not. 

Q. Were you at the polls when the votes were counted?—A. I was; on the out¬ 
side; could not get on the inside. 

Q. Did you ask any of the managers to let you see the count?—A. I did not have 
a chance. They closed the door so quick, even Mr. Martin, who was acting secre¬ 
tary, could not get in ; could only get his face in. The police stood right in front of 
him. 

Q. Was there a crowd trying to get in to see the vote counted?—A. Only those 
who were on the committee; about eight. 

Q. How many persons saw the votes counted?—A. Really could not say. I could 
not see inside myself. 

W. F. Deas. 

Sworn to before me this 5th day of February, 1897. 

[seal.] H. W. Purvis, Notary Public. 

E. D. JONES, sworn: 

Examined by Mr. Myers: 

Q. Give your name, age, residence, and occupation.—A. E. D. Jones; age, 30; 
live 214 Calhoun street; machinist. 

Q. Where were yon on election day, the 3d of November last, and what were you 


86 


MURRAY VS. ELLIOTT. 


doing there?—A. I was at the Federal poll, Ward 6, precinct 2, acting in the capacity 
of clerk and taking affidavits of those who were rejected in offering to vote for 
G. W. Murray, and witnessed their signatures to the affidavits with one Holmes, 
D. H. Riley, and at times Holloway was there, and they witnessed with me. 

Q. Do you identify these; if so, what are they [counsel hands package marked 
“Exhibit' F,” S. M. B., notary public] ?—A. I identify them as affidavits made by 
rejected voters, and witnessed by me; in number, there is 55 of them. 

Q. What day did you witness these?—A. On the 3d day of November, election day. 

Cross-examined : 

Q. Are you a registered voter ?—A. I am. 

Q. Did you have any difficulty in complying to the test at the register’s office?— 
A. None. 

Q. Did you have any difficulty in voting?—A. No, sir. 

Q. Did you see anyone rejected who had a registration certiffcate?—A. No, sir. 

Q. You are a colored man and a Republican?—A. Yes, sir. 

Q. You had no difficulty in getting a registration certificate?—A. None. 

Q. Were you at the polls when they closed that day?—A. I was; I did not see the 
count. 

Q. Did you apply to the managers to see the count?—A. I did; they refused. 

Q. How many persons witnessed the count?—A. I don’t know that. 

Q. Do you know the names of the managers at the poll?—A. I did not by name. 

Q. The managers were the only ones who witnessed the count?—A. They were the 
only ones on the inside. 

Q. Was they a large crowd there?—A. No, sir. 

Q. What did you say to the managers?—A. I asked them if I would be allowed to 
see the vote counted; they said none but the officials would be allowed. 

Q. You did not say to them that you represented Murray and wished to see the 
count on his behalf?—A. They knew that. 

Q. When you went to get your registration certificate what test did the register 
give yon?—A. To read the constitution of the State of South Carolina and sign my 
name and give post-office address. 

E. D. Jones. 


Sworn to before me this 5th day of February, 1897. 

[seal.] H. W. Purvis, Notary Public. 


J. F. DRAYTIN, sworn: 

Examined by Mr. Myers: 

Q. Give your name, age, residence, and occupation.—A. J. F. Draytin; age, 44; live 
No. 5 Strawberry lane; by trade a carpenter. 

Q. Where were you on election day, 3d of November last, and what were you doing 
there?—A. I was at the Federal poll, precinct 1, in Ward 11, acting as clerk, taking 
affidavits and signing them as a witness of the rejected voters who off ered to vote for 
G. W. Murray, in company with Henry Smalls and Charles Vamlerhorst as witnesses. 

Q. Do you identify these, or any of them [counsel hands witness package of 
papers, marked Exhibit F, H. W. P., notary] ?—A. I do; they are affidavits of the 
rejected voters, witnessed by me on the 3d of November, in connection with H. L. 
Smalls and Charles Vanderhorst. 

Q. How many of them did you witness on that day that were signed in your pres¬ 
ence?—A. One hundred and thirty-nine. 

Cross-examined: 

Q. Are you a registered voter?—A. Yes, sir. 

Q. Was there a crowd at the registration office when you went there?—A. Yes, sir. 

Q. Did you have any trouble in getting your ticket ?—A. No, sir. 

Q. You are a Republican and a colored man?—A. Yes, sir. 

Q. Did you have any difficulty in voting?—A. No, sir. 

Q. Did you see anybody rejected who had a registration certificate?—A. Not to 
my memory. I saw those who were rejected have poll-tax receipts. 

Q. How many men did you see sign form No. 1?—A. I can’t say; about 60. 

Q. Were you present in the register’s office when any of these men applied for their 
tickets?—A. Yes, sir; there is three of them I can remember just now. 

Q. Did any of the sixty men you saw sign blank form No. 1 read it to you?—A. 
Yes, sir; the whole sixty read it to me. 

John F. Draytin. 


Sworn to before me this 5th day of February, 1897. 

[l. s.] H. W. Purvis, Notary Public. 


MURRAY VS. ELLIOTT. 


87 


GEORGE E. BROWN, sworn: 

Examined by Mr. Myers: 

. Q- Give your name, age, residence, and occupation.—A. George E. Brown; age, 54; 
live No. 8 America street; painter. 

Q* ^ here was you on election day, 3d of November last, and what were you doing 
there .’ A. I was at the first precinct of Ward 7 at the Federal poll; w r ent there to 
vote, but l was refused to vote by not having a registration certificate. I offered to 
vote for G. W. Murray for Congress. 

Q. Alter being rejected, what did you do?—A. I came outside and went to the 
table where Hicks and Cuthbert were, and showed them my poll-tax receipt, and told 
them 1 desired to till a blank, as I had been rejected to vote, and I did so. 

Q. Did anybody witness it when you signed it?—A. Yes; Cuthbert and Hicks. 

Q. Did you make an ettort to get a registration certificate?—A. Yes, sir; I did ; but 
I did not get it, because I could not explain or read the constitution, as the board of 
registration required. 

Cross-examined: 

Q. How do you know that you went to the Federal poll?—A. Because the one was 
for the State officers and the other was for the county. 

Q. Have you read the constitution?—A. No, sir; I tried to read it. 

Q. Did you go back to the register’s office after that time?—A. Yes, sir; two or 
three times. 

Q. How many chances did they give you to get registered?—A. Had but one 
chance. Only got in there once. The crowd prevented me from getting in. 

Q. Did you take any appeal from the register's office?—A. I did. After I could 
not get a register 1 came out and made an affidavit that 1 did try to get my register. 

Q- To what court did you appeal?—A. I did not appeal to the court. 

Q. Will you read a section of the constitution for me? 

(Counsel for contestee hands witness a copy of the new constitution of South Car¬ 
olina, and asks him to read section 18 of article 9 . 

Counsel for contestant objects to the witness being put to such a test.) 

A. 1 have already explained that I could not read them to the satisfaction of the 
board of registration, and there is no necessity for me to try again. 

Q. Can you read the constitution now?—A. No, sir. 

G. E. Brown. 

Sworn to before me this 5th day of February, 1897. 

H. W. Purvis, Notary Public. 

J. W. FENNICKS, sworn: 

Examined by Mr. Myers: 

Q. Give your name, age, residence, and occupation.—A. J. W. Fennicks; age, 32; 
live No. 12 Lee street; carpenter. 

Q. Where were you on election day, the 3d day of November last, and what were 
you doing there?—A. I was at the first precinct, in Ward 10, at the Federal poll. I 
was of the rallying committee in the interest of G. W. Murray, and witnessing the 
signatures of those who had been rejected for voting for George W. Murray. 

Q. Did anybody else, in connection with you, witness these papers?—A. Yes; Sim 
Knights and R. Singleton. 

Q. Do you identify these papers?—A. I do. They are affidavits, witnessed by me, 
Singleton, and Knights on the 3d of November, 1896. 

Q. How many of them did you witness?—A. Ten. 

Q. How many of them were made that day?—A. Sixteen of them. 

(Counsel files the 16 affidavits in evidence marked Exhibit L.* 

Counsel for contestee objects to the introduction of these papers on the grounds: 
First, that the affiants themselvesr are the proper persons to testify and should be 
called as witnesses. Second, that these affidavits are not in response to any of the 
allegations in the notice of contest. Third, that by this method of proceeding the 
contestee is deprived of the right of cross-examination, and further, the affidavits do 
not come from the possession of the notary.) 

Cross-examination: 

Q. Are you a registered voter?—A. Yes, sir. 

Q. Did you have any difficulty in complying with the test at the registration 
office?—A. None, sir. 

Q. You are a Republican and a colored man, are you not?—A. I am. 

Q. Did you have any difficulty in voting?—A. None. 

Q. Did you see anybody rejected who had a registration certificate?—A. No, sir; 
there was none at my poll. 


* Introduced with evidence of J. D. Knights. 



88 


MURRAY VS. ELLIOTT. 


Q. Were you at the poll when the ballots were counted?—A. I was, but on the 
outside. 

Q. Did you apply to the managers to be allowed to see the count?—A. 1 did, but 
ho said only one of us could come in. 

Q. How many persons witnessed the count altogether?—A. Four; that was on the 
inside. One was a Republican, S. Brown; he was a colored man. 

John W. Fennick. 


Sworn to before me this 5th day of February, 1897. 

H. W. Purvis, Notary Public, [l. s.] 

Adjourned at 8 p. m. February 5, 1897, to February 6, at 9.30 a. m. 

Pursuant to adjournment the taking of depositions was resumed at 9.30 o’clock, 
a. m. on above date, at 110 Church street, city of Charleston, at which were present 
W. F. Myers, esq., representing contestant, and W. T. Logan, esq., representing 
contes tee. 

H. B. NOISETT, sworn: 

Examination by Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. H. B. Noisett; age 55; live 
6 Ogier street; by trade a carpenter. 

Q. Where were you on election day, the 3d of November last, and what were you 
doing there?—A. 1 was at the first precinct of Ward 8, at the Federal poll assisting 
the clerk distributing the tickets and taking the names of those who offered to vote 
for G. W. Murray and were rejected. When they were debarred they came to the 
clerk and those who could write signed their names, and those who could not made 
their marks and witnessed the signatures of those who signed the blanks and some 
who marked. 

Q. Did anyone else with you witness those papers that day?—A Yes; Mr. George 
Gregory. 

Q. Have you those papers? If so, produce them.—A. I have (witness handing 
counsel batch of papers). 

Q. What are these papers; do you identify them?—A. I identify them as blanks 
1 and 2, who were witnessed by me and George Gregory that day. 

Q. Were they ever sworn to before anybody ?—A. Yes; before Mr, Purvis, as notary 
public. 

Q. What knowledge had the men of these blanks before signing them?—A. They 
knew the nature of them, and Avere well a ware of them. 

Q. How many were witnessed by you and Mr. Johnston?—A. Seventeen; one by 
Mr. Gregory, making, in all, 18. 

(Counsel for contestant files the 18 affidavits as Exhibit M. 

Counsel for contestee objects to the introduction of these affidavits upon the 
grouuds, first, that the affiants themselves would be the proper persons to testify, and 
should be called as witnesses; second, because these affidavits are not in response to 
any of the allegations in the notice of contest; third, that by this method of pro¬ 
ceeding contestee is deprived of the right of cross-examination; and further, that the 
affidavits do not come from the possession of the notary and were not signed before 
him on the day of election.) 

Cross-examination: 

Q. Are you a registered voter?—A. I am. 

Q. Did you have any difficulty in complying with the test at the registration 
office?—A. I did not. 

Q. You are a Republican and a colored man?—A. Yes, sir. 

Q. Did you have any difficulty in voting?—A. I did not. 

Q. Did you see anybody rejected who had a registration certificate?—A. I did not. 

Q. Were you at the poll, the one where you were at when the votes were counted?— 
A. I was there, but I was not admitted within the booth to see them fairly counted. 

Q. Who was the managers at the poll?—A. I don ; t remember their names. 

Q. Did you apply to any of the managers to see the count?—A. When I was about 
to apply the police stopped me at the door. 

Q. You did not apply to any of the managers themselves?—A. I had not a chance 
to get to them. 

Q. How many persons witnessed the count?—A. The clerk, Johnston, Gregory and 
myself stood at the door; the managers had their backs to us, and we could not wit¬ 
ness the count, and it was dark, too. 

Q. Was there no lights there?—A. They had candles within the booth. 

Q. How far was the box from where you was standing?—A. Between 4 and 5 feet. 

Q. Did you hear the vote called out?—A. I did hear the votes called. 


MURRAY VS. ELLIOTT. 89 

Q. How many persons altogether witnessed the count?—A. The managers who 
were there; that is all that I know. 

H. B. Noisett. 

Sworn to before me this 6th day of Februarj r , 1897. 

H. W. Purvis, Notary Public. 


Exhibit M. 

Blank No. 1. 

State ok South Carolina, Charleston County: 

This certifies that the undersigned, being over the age 21, male resident of the 
voting precinct 1, of Ward 8, and legally qualified to register and vote therein, did, 
on this, the 3d day of November, 1896, present himself at the said voting precinct to 
vote for Geo. AY. Murray, the Republican candidate for Congress in the First district 
of said State, desiring and intending to vole for the said Geo. W. Murray, and, upon 
his attempting to so vote, was denied the right to so vote, and his vote thus offered 
to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration, under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and he further states that if he had been permitted to register and to 
vote at said election, he would have voted for Geo. W. Murray, the Republican can¬ 
didate for Congress in said district. 

And the undersigned further states that he is qualified even under the present 
constitution, as he can read and write, as evidenced by the fact that he signs this in 
his own handwriting. 

T. N. Jenkins. 

Witnesses: 

I. M. Johnson. 

H. B. Noisette. 

Personally appeared T. N. Jenkins and made oath that the above statement is 
correct. 

[seal.] H. W. Purvis, Notary Public. 

Charleston, S. C., November 9, 1896. 

[Three affidavits, same as above, signed and witnessed, were filed with this 
exhibit.] 


Blank No. 2. 

State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct 1 of Ward 8 and legally qualified to register and vote therein, did, 
on this, the 3d day of November, 1896/present himself at the said voting precinct 
to vote for Geo. W. Murray, the Republican candidate for Congress in the First dis¬ 
trict of said State, desiring and intending to vote for the said Geo. W. Murray, and, 
upon his attempting to so vote, was denied the right to so vote, and his vote thus 
offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being'entitled to such registration, but had been refused and denied the right 
to register, and further states that if he had been permitted to register and to vote 
at said election, he would have voted for the said Geo. W. Murray, the Republican 
candidate for Congress in said district. 

John M. (his x mark) Wheatons. 

Witnesses: 

I. M. Johnson. 

H. B. Noisette. 

Personally appeared John M. Wheaton, and made oath that the above statement 
is correct. 

[seal.] H. W. Purvis, Notary Public. 

Charleston, S. C., November 5. 1896. 

[Thirteen affidavits same as above, signed and witnessed, were filed with this 
exhibit.] 


90 


MURRAY VS. ELLIOTT. 


A. N. HAMILTON, sworn: 

Examined by Mr. Myers: 

Q. Give your name, age, residence, and occupation.—A. A. N. Hamilton; age, 31; 
lives No. 8 Doughty; a carpenter. 

Q. Where were you on election day, November 3 last, and what were you doing 
there?—A. I was at the second precinct at the Federal poll of Ward 8. I was there 
assisting the clerk, signing uiy name as a witness in connection with Campbell, to 
the blanks signed by the voters who were rejected by the managers having offered to 
vote for G. W. Murray. 

Q. Did those men who signed know the nature of the blanks they were signing?— 
A. They did. I read the blanks to them. 

Q. How do you know these men were rejected?—A. I was standing right by the 
booth and when they offered to vote were rejected by the managers, and then they 
came to the table where the blanks wore and read them and signed their name. 

Q. Do you identify these papers? If so, what are they?—A. I do identify them. 
They are the blanks 1 and 2, signed by the voters who could write, and those who 
could not write made their mark, and 1 with ,J. B. Campbell witnessed them. 

Q. How many of them were witnessed by you and Mr. Campbell?—A. There was 
48 of them. 

(Counsel for contestant files the 48 affidavits in evidence. As Exhibit N. 

Counsel for eontestee objects to the introduction of these affidavits upon the 
grounds: First. That the affiants themselves are the proper persons to testify and 
should be called as witnesses. Second. Because these affidavits are not in response 
to any of the allegations in the notice of contest. Third. That by this mode of pro¬ 
ceeding the eontestee is deprived of the right of cross-examination and further they 
do not come from the possession of the notary and not signed before him on election 
day.) 

Q. What, if anything, do you know of the conduct of the registration officers dur¬ 
ing registration?—A. On two or three occasions I went down there and was turned 
away, myself and others, and whilst standing there to the door I saw white men 
come there and they were given theirs without any question. When colored men 
went in there they had to read and explain and write. Then some of them did not 
get there while I was there during that time. Most of the colored men were turned 
away. 

Q. Did the Republicans have any representation on the board of registration 
officers? If not, of what political complexion were they? 

(Counsel for eontestee objects, upon the ground that this question is entirely irrele¬ 
vant, as the information elicited does not respond to any of the allegations in the 
notice of contest.) 

A. They did not have any; they were all Democrats. 

Q. How many times did you try to get a registration certificate before succeed¬ 
ing?—A. Four times. 

Cross-examination: 

Q. Are you a registered voter?—A. I am. 

Q. How many times did you apply to the supervisor of registration to get a regis¬ 
tration certificate?—A. Twice; the first time he gave me a clause in the constitution 
to read; he said it Avas not read correctly, aud on those grounds he objected to me; the 
second time I read the same clause he gave me and one other, and that time I suc¬ 
ceeded in getting it. 

Q. Did vou have any difficuly in complying with the test?—A. I did; after being 
tested I was turned down. The second time I went I read the same clause and one 
other, and at that I succeeded in getting it. 

Q. Can you read without any trouble?—A. I can. 

Q. Would you find it hard to read a section of the constitution?—A. I would not. 

Q. Did you have any difficulty in voting?—A. I tlid not. 

Q. You are a Republican and a colored man?—A. I am. 

Q. Did you see anybody refused to be allowed to vote who had a registration cer¬ 
tificate?—A. I did; there was tAvo of them that had registration certificates under 
the new constitution; John Coopam is one. 

Q. Did you see their registration certificates?—A. I did, Avlien they came around 
to the table. 

Q. Why Avere they rejected, do you knoAv? —A. One man who challenged the A T otes 
said he did not live where the certificate said he was then lh T ing, and he Avas then 
rejected. 

Q. Who was that challenger?—A. I don't know his uame. 

Q. Do you knoAv Avhere that rejected voter lived?—A. He Avas ]i\ T ing on Lucas 
street at the time. 

Q. Do you know if that was the same place stated in his registration certificate or 
not?—A. It was the same place. 


MURRAY VS. ELLIOTT. 


91 


Q. Did lie ask the managers to send there and find out if he lived there or not?— 
A. I don’t know that he did. 

Q. As soon as his vote was challenged, did he come right out of the booth?—A. 
He did not; the managers called an officer and had him put out. 

Q. Do you know where he lives now?—A. I do not. 

Q. Do you you know what his occupation was?—A. I believe he was running on a 
boat. 

Q. Do you know the reason the other man yon testified to, that had a registration 
certificate, w r as rejected?—A. I do not; can’t say; I don’t remember his name. 

Q. Were you at the poll when the vote was counted?—A. I was. 

Q. Did you witness the count?—A. I did not. 

Q. Did you apply to any of the managers to be allowed to witness the count?—A. 
I did not. 

Q. How many persons altogether witnessed the count?—A. There was noneon the 
inside but the managers; the door was blockaded; I could not see. 

Q. Was there any colored people standing at the door?—A. There were. 

Q. How far was the ballot box from the doorway?—A. At the time of counting I 
could not see; I was about 4 or 5 feet from the doorway. 

Q. Was there any people in front of you?—A. There were, from where I was 
standing in front of the door, there was a crowd of white and colored. 

Q. Was this crowd of white and colored people in frout of you?—A. They were. 

Q. You could see the managers on the inside; they were the only ones?—A. Just 
before they commenced counting I was called off; when I got back they had already 
started to count, and I could not get any closer than 4 or 5 feet to the door. 

Q. \ r ou could not see then w hether the managers were the only ones that witnessed 
the count?—A. No. 

Q. They may have been some colored people that witnessed it?—A. I don’t know; 
can’t say. 

Redirect: 

Q. You were asked about challengers. Were the Republicans allowed any chal¬ 
lengers in or around the booth. Were the Democrats allowed any? 

(Counsel for contestee objects on the ground that this information is not in reply 
to any question asked upon the cross-examination.) 

A. I don't know what was allowed, that was the only challenge made. 

Q. Was any challengers allowed the two parties?—A. I don’t know. 

A. H. HaxMILTON. 

Sworn to before me this 6th day of February, 1897. 

[l. s.] H. W. Purvis, Notary Public. 

Exhibit N. 

Blank No. 2. 


State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct 2 of Ward 8, and legally qualified to register and vote therein, did, 
on this the 3d day of November, 1896, present himself at the said voting precinct to 
vote for George W. Murray, the Republican candidate for Congress in the First dis¬ 
trict of said State, desiring and intending to vote for the said George W. Murray, 
and, upon his attempting to so vote, w r as denied the right to so vote, and his vote 
thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register, and further states that if he had been permitted to register and to vote 
at said election he would have voted for the said George W. Murray, the Republican 
candidate for Congress in said district. 

Wm. (his x mark) Lawrence. 

Witnesses: 

A. H. Hamilton. 

I. B. Campbell. 


Personally appeared William Lawrence and made oath that the above statement 
is correct. 

[seal.] H. W. Purvis, Notary Public. 

Charleston, S. C., November 3, 1896. 


[Thirty-four affidavits same as above, signed and witnessed, filed with this 
exhibit.] 


92 


MURRAY VS. ELLIOTT. 


Blank No. 1. 

State of South Carolina, Charleston Comity : 

This certifies that the undersigned, being over the age 21, male resident of the 
voting precinct 2, of Ward 8, and legally qualified to register and vote therein, did 
on this the 3d day of November, 1896, present himself at the said voting precinct 
to vote for George W. Murray, the Republican candidate for Congress in the First 
district of said State, desiring and intending to vote for the said George W. Murray, 
and, upon his attempting to so vote, was denied the right to so vote, and his vote 
thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration, under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and he further states that if he had been permitted to register and vote 
at said election he would have voted for George W. Murray, the Republican candi¬ 
date for Congress in said district. 

And the undersigned further states that he is qualified, even under the present 
constitution, as he can read and write, as evidenced by the fact that he signs this in 
his own handwriting. 

R. D. Sawyer. 

W itnesses: 

A. H. Hamilton. 

I. B. Campbell. 

Personally appeared R. D. Sawyer and made oath that the above statement is 
correct. 

[seal.] H. W. Purvis, Notary Public. 

Charleston, S. C., November 3, 1396. 

[Twelve affidavits same as above, signed and witnessed, filed with the above.] 

R. GIBBS, sworn: 

Examined by Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. R. Gibbs; age 53; live 27 
Franklin street; a coppersmith. 

Q. Did you vote, or offer to vote, on election day? If so, in what ward and pre¬ 
cinct?—A. I did offer to vote, and did vote, in Ward 4, first precinct, and voted for 
Murray. 

Q. How did you vote for Murray?—A. By signing an affidavit. 

Q. Did you or not go into the election place and put the Murray ticket in the 
ballot box?—A. I did not. I went in there, offered to vote, and was rejected. I 
offered to vote for G. W. Murray. 

Q. After being rejected what did you do?—A. I went to the table and an affidavit 
was read; my name was put there and I signed it by a cross; it was witnessed by 
Eddy Williams. 

Q. Did you try to get a registration certificate? Did you get it? If not, why?—A. 
I did, but I did not get. I was objected on the ground that I could not read the con¬ 
stitution; that is all they asked me to do. I went there twice. They told me on the 
second time the same they told on the first; I could not read; rejected me. 

Cross-examination: 

Q. Can you read?—A. No. 

Q. When he gave you the constitution did you try to read?—A. I did not. 

Q. Did you try to explain it?—A. I did not. 

Q. Did you take any appeal from the supervisors’ decision to any court?—A. I 
did not. 

Q. Who did you vote for at the last election?—A. Well, 1 cast it for Murray. I 
did sign an affidavit for him. 

Q. Who was the managers at the poll where you voted?—A. I don’t know any of 
them. 

Q. How long were you at the polls?—A. I was back and forth from poll to poll 
nearly all day. 

. Q. Were you at the poll when the vote was counted?—A. I was not. 

R. (his x mark) Gibbs. 

Sworn to before me this 6th day of February, 1897. 

[seal.] H. W. Purvis, Notary Public. 



MURRAY VS. ELLIOTT. 


93 


FRED E. BARNES, sworn: 

Examined by Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. Fred E. Barnes; age 55; 
live 36 Bogard street; a carpenter. 

Q. Did you vote, or offer to vote, on election day last? If so, at what ward and 
precinct ?—A. I made an attempt and offered to vote for Congressman Murray, sec¬ 
ond precinct, Ward 11. I was rejected on the ground of not having a certificate. 
The managers then asked me why I did not have my certificate renewed. 1 told 
them I tried and was rejected. I then seeked information what to do, and I went 
before a notary public and swore out an affidavit. The nature of the affidavit was 
to show that I did offer to vote and was rejected by the managers as a legal voter of 
my ward. 

Q. What time did you make that affidavit, and did anybody witness it?—A. In a 
few minutes after coming out of the booth, right across the street. It was witnessed 
by two persons. 

Q. You said you applied for registration certificate and was turned down. Willyou 
please state the circumstances attending your application and rejection?—A. I went 
down to the office and there was only two gentlemen in the office at the time. I 
waited until one of them got his certificate, then I went forward to the desk and I 
found the second one had not received his certificate yet, and he was asked what 
ward he lived in and what precinct. He didn’t exactly know either, which caused a 
little delay for the supervisors to find out what precinct he lived in. After he 
obtained a certificate I then took out my tax receipt and my old certificate and pre¬ 
sented them to the supervisors. Two more white men came in; the other two, also, 
were white men. ?Ie paid no attention to me whatever. He asked them no ques¬ 
tions and put them to no test in the constitution either; both of them got their cer¬ 
tificates. Two more white men came in; they were given certificates without any 
questions or test. I then asked the supervisor if I was allowed to register, as my 
time was short. In that time two more white men came in, and they were registered 
without any questions or test. Then he said to me, “Can you read?” 1 said I 
guess I could. Handed me the constitution. I told them I could not read the con¬ 
stitution without glasses, as I could not see, but if he would allow me to go to the 
light I would try and see if I could make it out. I did so. I found I could not see 
without glasses. Then he said, “You will have to read the constitution.” I told 
them I would try and obtain a pair of glasses somewheres. I came out. I met Gen¬ 
eral Purvis. I stated the facts to him. He immediately took his glasses from his 
pocket, “Try them and see if you can use them.” I took them. I found I could use 
them. 1 returned to the supervisors’ office. Found two white men waiting to be reg¬ 
istered. After they were registered I stepped forward and told the supervisor I was 
prepared to take the test. Two more white men came in, and he said, “You will have 
to wait.” I did so. After they were through I stepped forward and called his atten¬ 
tion again. He fiung my tax receipt and old certificate back to me and said that I 
would have to come back another day. I said, “All right, sir; I have to submit to 
the power that be.” I came out and went back on the first Monday, I think it was, 
in .July, but I could not get in the office, and I did not try any more. 

Q. In all, how many then got their certificates during your presence, and before 
your final application and rejection, and of what color were they?—A. There was 8 
before he paid attention to me whatever; after I got the glasses and went back there 
was about 5, in all about 12 or 13—all white men. 

Q. Do you know the name of the white man who did [not] know his ward or pre¬ 
cinct?—A. Yes, sir; unfortunately for us, he is dead; he got killed; he was named 
L. F. Brown, the crockery man. 

Q. Of what political party were those men who formed the board of registra¬ 
tion?—A. I only know they called them Reformed Democrats. 

Q. Do you know that the Republicans had any representation on that board? 

(Counsel for contestee objects, upon the grounds that the question is irrelevant to 
any of the grounds stated in the notice of contest.) 

A. No, sir; there was not that I know of. There was none at the time I was there. 

Q. Did the Republicans have, or were they allowed, any representation on the 
board of Federal managers on election day ?—A. There was none in the booth. They 
had none, to my knowledge. 

Cross-examination: 

Q. Do yon remember what time it was when the registration officer gave you back 
your tax receipt and certificate?—A. About half alter 12 o clock. I was in there from 
10 o’clock to half after 12. 

Q. What time of the month was that, or what month was it?—A. I don’t remem¬ 
ber. It was in the last part of the six weeks allowed for registration; it was before 
•July. 


94 


MURRAY YS. ELLIOTT. 


Q. Did you take any appeal from the board of registration ?—A. I did not. My 
means would not allow me to do so, and I did not think it would amount to anything, 
so I let it stand as it was. 

Q. There was a number of white men waiting to be registered while you were 
there?—A. No, sir; they came two by two; there were two white men in there when 
I went there. 

Q. Were you the last person in the registrar’s office that day ?—A. That I can’t say; 
I came out at half after 12; I left the supervisors and the policeman in there; they 
were all. 

Q. You told the supervisor you could not read without glasses: he allowed you to 
take the constitution up to the light?—A. I stepped inside the rail where there was 
a little more light. 

Q. You stated you met General Purvis outside the registrar’s office; he is a colored 
gentleman, is he not?—A. Yes, sir; he is right before you. 

Q. When you went to the poll to vote you did not state to the managers who you 
wanted to vote for, did you?—A. I did not; I never do that. 

Q. Did you see anybody rejected who had a registration certificate?—A. No, sir. 

Q. At what ward and precinct did you offer to vote at?—A. Ward 11, second 
precinct. 

Q. Were you at the poll when the votes were counted?—A. No, sir; I never did in 
my life stay at a poll longer than to cast my ballot in my life. 

Q. When you testified that you signed an affidavit on the outside of the polling 
place, did you read that affidavit?—A. I did, sir. 

Q. To whom did you read it?—A. I read it to myself. 

Q. You did not read it to George P. McOloy?—A. No; I read to myself and handed 
it to him—McCloy—and he vacated the chair, and I signed it and told him to fill it 
out; after the signing by the two witnesses, I went off. 

Q. McCloy testified yesterday that every single one of the affidavits he took at the 
polls that day was read over to him. He lied, did he not?—A. George P. McCloy 
knows me and my qualifications. He handed it to me and I read it over. He knows 
me personally, and I don’t think he lied. I don’t know what he testified to; it was 
an exciting time. 

Q. You think he was mistaken about having every one read to him?—A. Could 
not say about having every one read to him. 1 noticed that after I signed it and the 
witness signed mine, I remember that Jeff Grant came up and he read his, and while 
he was reading I went off; this I remember distinctly. 

Q. Did the registration officer appear to know those gentlemen to whom he gave 
registration certificates to?—A. That I could not say. The only delay that was 
caused on the part of the white men was of that of Mr. Brown; lie forgot his pre¬ 
cinct. I do know what one of them said to me when he came out. He said it was a 
damned shame how they were doing the colored people. 

Q. Do you know the name of that man?—A. I do not. I only said to him that 
white men could get theirs at will, and colored men were put to the most rigid test, 
and he said, “ Yes; it is a damn shame,” and he went his way and I went mine. 

Q. You bad never seen that gentleman before?—A. Not to my knowledge. 

Q. When he was in the registration office was he and you the only ones there?—A. 
He was the last one that got his certificate. 

Q. When he came in were you the only one in the office?—A. No; he came with 
another, making three with me; only us three were there. 

F. E. Ramer. 

Sworn to before me this 6th day of February, 1896. 

[l. s.] H. W. Purvis, Notary Public. 

S. GREEN, sworn: 

Examined by Mr. Myers: 

Q. Give your name, age, residence, and occupation.—A. S. Green; age, 63; live 
22 H street; a bricklayer. 

Q. Did you offer to vote on election day; and if so, in what ward and at what pre¬ 
cinct and for whom?—A. I did offer to vote for George W. Murray in Ward 10, 
second precinct. 

Q. When you offered to vote what occurred?—A. I went to vote on that day ; they 
told me that my register was not right; this the managers told me, and rejected me, 
and I went right across the street and made an affidavit. Suuey Mitchell kept the 
table. The nature of the affidavit was that I had offered to vote for Murray. I do 
not know who witnessed it, but Suney was there, and he filled it out. 

Cross-examination: 

Q. You tried to get a registration certificate?—A. I did. They asked me if I could 
read; I said I could a little, so he gave me the book—the constitution—and I read 


MURRAY VS. ELLIOTT. 


95 


it, and after I read it lie said, ‘‘Old man, you read very well/ 7 He asked me oue 
question, and I told him that, so he said to me: “I have not got time now, 77 and 
then I walked out. 

Q. Did you go hack there again?—A. That is the last time I went there. 

0- After you read the constitution he told you you read very well; then he rejected 
you and you came right out?—A. 1 did. 

Q. When was that you went to the registrar’s office ?—A. That was the time they 
registered—during the six weeks; I don't know what time it was. 

Q. Was it in the spring of the year or fall?—A. I kept no account of it; I don’t 
know if it was spring or fall. 

Q. What was the reason you were rejected?—A. All the reason that I could see 
that he did not want me to have the register; that is all the reason I could see of it. 

Q. Can you read?—A. Yes. 

Q. Will you read a section of the constitution for me?—A. No, sir; I have read a 
section already. 

Q. Did you tell the managers of election who you wanted to vote for?—A. I did 
not, as I never tell anybody who I am going to vote for. 

Q. Who was the managers at the poll while you ottered to vote?—A. I don’t know 
any of them. 

Q. Do you know if you went to the Federal polls to vote?—A. Yes, sir; I do. 

Q. How do you know it was the Federal poll?—A. Because they told me this is the 
Federal poll to vote at. 

Q. Is that the only way you knew it?—A. I knew it by working for Murray, and 
that is the only way. 

Q. Did you see anybody rejected who had a registration certificate?—A. I did not. 

Q. Were you at the polls when the vote was counted?—A. No. 

Q. When you was rejected by the registration officers, did you take an appeal?— 
A. No, sir; I did not think it any use to do it, as I had no means to do it. 

Q. Have you heard anybody else testify at this examination?—A. 1 have not. 

Q. How long have you been here this morning?—A. I came here about 10 or 11 
o’clock. I have been in the other room all the time. 

Q. Did you ever hear any witness during this examination make use of the words 
you have just used in regard to the appeal?—A. No, sir. 

S. Green. 

Sworn to before me this 6tli day of February, 1897. 

[l. s.] H. W. Purvis, Notary Public. 

E. GARDINE, sworn. 

Examined by Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. E. Gardine; age, 28; 
live, No. 1 Elizabeth street; by tr;ule, ship carpenter. 

Q. Where were you on election day, 3d of November last, and what were you doing 
there?—A. 1 was "at the Federal poll in Ward 5, precinct 1. I was on the polling 
committee in the interest of Mr. Murray that day. I signed as a witness on forty- 
nine affidavits that day. The affidavits were made by those who offered to vote for 
Murray and were rejected. 

Q. Do you identify these, or any of them; if so, what are they [counsel handing 
witness Exhibits A A A] ?—A. Yes, I do; by my signature on them, which I signed 
as a witness on the 3d day of November. 

Cross-examination: 

Q. Are you a registered voter?—A. No, sir; I was out of the city at that time and 
did not try to get one. 

Q. Did you try to vote on election day?—A. I did. 

Q. You were rejected because you had no registration certificate?—A. I was rejected 
on my old registration certificate. 

Q. You knew you would be rejected if you had no registration certificate?—A. I 
did not know. 

Q. You did not see anyone rejected who had a registration certificate?—A. I saw 
one man; am personally acquainted with him; named Friday, but he is dead. 

Q. Did you ever know anybody who got a registration certificate?—A. I know a 
few of them. 

Q. Was there very much interest manifested in getting those certificates?—A. 
There was a great deal of interest in trying to get them. 

Q. Do you know why they wanted to get them ?—A. I believe every man ought to 
have citizen rights. They wanted them in the interest of Mr. Murray, and also the 

Republican party. . 

Q. How many times did you go to the supervisors of registration office while the 
registration was going on?—A. I have never been there. 


96 


MURRAY YS. ELLIOTT. 


Q. You don’t know, then, whether nmcli interest was manifested at the registration 
office or not?—A. Idon’t know; I was not here. 

Q. Did you ever hear what was the use of a registration certificate?—A. All that 
I know it entitles him to vote. 

Q. How many times did you vote without a registration certificate?—A. I never 
did. This is the only time that I was out of one. 

Q. How many people did you see vote on election day who did not have registra¬ 
tion certificates?—A. How could they vote if they did not have any? 

Q. You testified that you did not know that it would he necessary to have a reg¬ 
istration certificate. Can you reconcile that statement with the one you just made?— 
A. I don’t know. 

Q. Were you at the polls when the votes were counted?—A. I asked permission, 
with two more men, to see the votes counted, hut it was refused. 

Q. To which one of the managers did you apply?—A. I applied to all of them. 

Q. Do you know the name of any of the managers at that poll?—A. I don’t know 
none of them. 

Q. How many persons witnessed the count?—A. I don’t know. 

Q. There may have been some Republicans there?—A. I did not see any and did not 
know of any being there. The committee was rejected. The police drove us off, and 
we went across the street. 

Q. Did you apply to the managers as a committee?—A. Not as a committee, but I 
applied to them. 

Q. The policeman did not know you was a committee, did he?—A. I told the 
policeman I was a committee here to-night and I wanted to go in here and see the 
count. He drove me off across the street. He raised his club at me to strike, but I 
would not let him hit me. 

Q. How many Democrats witnessed the count?—A. I suppose the four men who 
were in there, I suppose, were Democrats. I know they were Democrats. 

Q. You do know, then, how many people witnessed the count?—A. I know that they 
witnessed it. 

Q. Were they the only ones that witnessed it?—A. That was all that I saw. We 
were across the street. We could not witness it. 

E. Gakdine. 

Sworn to before me this 6th day of February, 1897. 

[seal.] " H. W. Purvis, Notary Public. 

I. M. JOHNSON, sworn: 

Examined by Mr. Myers: 

Q. Give your name, age, residence, and occupation.—A. I. M. Johnson; age, 35; 
live 150 Corning street; a barber. 

Q. Where were you on election day, 3d of November last, and what were you doing 
there?—A. I was acting as clerk at the Federal poll in Ward 8, at the first precinct. 
I took the affidavits of those who offered to vote for G. W. Murray and were re¬ 
jected.. 

Q. Did you wituess those affidavits, so taken, in connection with anybody?—A. I 
did, with H. B. Noisett. 

Q. What were the conditions under which you took and witnessed those affida¬ 
vits?—A. Those who went up and offered to vote and were rejected by the managers 
came to me and made their affidavit, and I signed them as a witness along with 
Noisett. 

Q. Did the affiants know the nature of the papers they were signing?—A. Yes, sir; 

I informed them of it, and read it to those who could not read it themselves. Some 
of those who could read read it, and to some of those I read it to and explained it. 

Q. Do you identify these? If so, what are they [counsel handing witness Ex¬ 
hibit M]f—A. Yes, sir; these are the affidavits made by the rejected voters and 
signed as witness by me; there is 18 in number witnessed by me. 

Q. What, if anything, do you know of the conduct of the registration officers dur¬ 
ing the period of registration?—A. I went down there sometime during April, and 
there was a great crowd there. I did not get a chance to register that day; I could 
not get inside. I saw that there was not many in the white line, which was on the 
other side of the building. I could see through the building, which is open clear 
through, the white men going in and coming out; from the side where the colored 
line was I could not see any of them going in at all. I could not tell what was goin^ 
on in the inside. As far as I could see, the police kept them back—the colored people! 
I went off then; came back the next day; there was not as many persons there that 
day and I got a chance to go in. There was two or three colored persons in there when 
I went in, trying to read the constitution. \\ hen I went in, whilst 1 was waiting three 
white men came in and registered without any test, and those colored men that I saw 


MURRAY VS. ELLIOTT. 


97 


in there were rejected. Then the supervisor handed me the constitution, after calling 
for my tax receipt, which I presented to him. After I read the constitution I was 
given my certificate; he also asked me to explain it, and I did so on his request. 

Q. What interest, if any, was manifested by the Republicans of your county in pro¬ 
curing registration certificates? 

(Counsel for contestee objects on the ground that it does not respond to any 
grounds of the notice of contest.) 

A. There was a great deal of interest. Our club met regularly, and always largely 
attended by men seeking information as regards obtaining registration certificates. 

Q. What position do you hold in the Republican organization of your county, and 
in what relation does it place you with the voters?—A. I am the secretary of the 
county—of its Republican organization—which places me in a position to know what 
interest the voters manifest in trying to get themselves in a position to vote. 

Q. Of what political complexion were the boards of supervisors of registration and 
managers of the election?—A. They were all Democrats. 

Cross-examination: 

Q. Are you a registered voter?—A. Yes, sir. 

Q. Did you have any difficulty in complying with the test at the registration 
office?—A. I did not have any trouble to read, but of course the difficulty was to 
explain, but I happened to strike it right. There is some words there very hard to 
understand in English. 

Q. Do you know what any of those words were?—A. I don’t remember the words 
now I had to explain. 

Q. Have you not just now had a conversation with the attorney on the other side 
as to what course your testimony should take in this examination?—A. No, sir; not 
on this. I am only stating the facts as I know it. 

Q. Did you have any difficulty in voting?—A. I did not; only having to present 
my tax receipt and registration certificate. 

Q. Do you know any white men who did not have to present their tax receipts 
and registration certificates when they voted?—A. I do not. 

Q. Did you see anybody rejected who had a registration certificate?—A. There 
was several colored men rejected who had registration certificates. 

Q. Were those certificates new certificates?—A. Yes. 

Q. Give me the names of those colored men.—A. I can not remember their names 
just now, but I remember seeing their certificates. 

Q. Can you give me the name of one of them?—A. No; I don’t know their names. 

Q. You said you saw several persons rejected. How many will you swear you saw 
rejected—I mean what number?—A. I can’t swear to any certain number. 

Q. You know where any of those persons live, or why they were rejected?—A. If 
I knew where they lived i could remember their names; I saw them when they went 
into vote, but I don’t know the reasons of their rejection. 

Q. Were you at the poll when the vote was counted?—A. I was. 

Q. How many persons saw that count?—A. There was five white men on the 
inside, and at the close of the polls I asked to be allowed to see the count, and they 
told me I could come as far as the door; I went to the door; the policeman, standing 
between me and the managers, prevented me from going any further. The man who 
called out the votes had his back turned to me, and I could not see the face of any 
of the ballots; they were about 5 feet from me—the managers. 

Q. Did you ask the policeman to move, so you could see the votes counted?— A. As 
I stepped up to the door he said to me, “ Yoii can’t go any further.” 

Q. You did not say anything to him, then?—A. I did not ask him any further ques¬ 
tions. 

Q. Is that all the effort you made to see the ballots counted?—A. I had asked the 
managers to let me see the count, and that was all the effort I made. 

Q. Who was some of the white men who witnessed the count ?—A. I only know 
the name of one man, Mr. Tharin; I don’t know his initials. 

Q. Was not one of those five men there in the interest of Cecil Cohen, the other 
Republican nominee for Congress?—A. Not as I know of. 

Q. He might have been, might he not?—A. I don’t think he was. 

Q. Which one of the white men was that?—A. I don’t think there was any of 
them. , I. M. Johnson. 

Sworn to before me this 6th day of February, 1897. 

[seal.] H. W. Purvis, Notary Public. 

Adjourned February 6th at 3.30 o’clock p. m., to February 8th at 9 a. m. 

Pursuant to adjournment, the taking of depositions was resumed at 110 Church 
street, city of Charleston, S. C., at 9 a. m. on above date, at which were present W. 
F. Myers, esq., representing contestant, and W. T. Logan, esq., representing con¬ 
testee. 


17745-7 



98 


MURRAY VS. ELLIOTT. 


R. G. F. GIPSON, sworn: 

Examined by Mr. Myers: 

Q. Give yonr name, age, residence, and occupation.—A. R. G. F. Gipson; age, 36; 
live 19 State street; a laborer. 

Q. Where were you on election day, 3d of November last, and what were you doing 
there ? 

(Counsel for contestee objects to the testimony of this witness and his examina¬ 
tion on the ground that he never received any notice of such examination. 

Counsel for contestant submits that this witness belongs to the batch of witnesses 
acceptance of which was made on the 3d of November, 1896, the examination, as 
noted on the record, having been postponed to the 5th?—A. I was at the First pre¬ 
cinct, Ward 3, at the Federal poll; I was there as a witness of those who were 
rejected in voting, in offering to vote for G. W. Murray; when they were rejected 
they turned to the table, and those who could read and write made an affidavit, and 
those who could not the blanks were read to them, and they made their marks to 
same, and I witnessed their signatures with Jacob Johnson. 

Q. Do you identify these papers? If so, what are they, and what connection did 
you have with them?—A. I identify them as the affidavits in favor of G. W. Murray, 
and I witnessed them in connection with Jacob Johnson. This I done on the 3d day 
of November, election day, at the Federal poll. 

Q. How many of them did you wituess?—A. I witnessed 38 of them. 

(Counsel files the 38 affidavits in evidence, marked Exhibit O. 

Counsel for contestee objects to the introduction of these affidavits upon the ground, 
first, that the affiants themselves are the proper persons to testify and should be called 
as witnesses; second, that these affidavits are not in response to any of the allega¬ 
tions in the notice of contest: third, that by this mode of proceeding contestee is 
deprived of the right of cross-examination; further, that they do not come from the 
custody of the notary.) 

Q. What, if anything, do you know of the conduct of the registration officers dur¬ 
ing the time of registration?—A. I was at the registration office several times. A 
line was formed; men would go in, and come out just as they went, not receiving a 
registration certificate; these were colored men; the white men were registered 
10 to 1 of colored. 

Q. Were any restrictions placed on the colored men, or on the line composed by 
colored men ?—A. Yes, a deal; sometimes, in forcing themselves in the line, they would 
be thrust out and taken away by the police ; and others, that were literally qualified 
to vote, were rejected by being asked certain questions which they could not answer, 
refused to answer, or could not answ r er. There is sometimes questions asked ille¬ 
gally, w hich persons refuse to answer. 

Q. Did you have any difficulty in getting your registration certificate? If so, state 
it.—A. I did. I was asked to read certain clauses in the constitution, and after 
reading I w as questioned on the same, but refused to answer it. After a deal of talk 
I refused to answer the questions on the ground of the law, stating that who could 
read need not explain. On those grounds I refused to answer the questions. 

Q. Was there any interest manifested by the Republicans in efforts to get registra¬ 
tion certificates? 

(Counsel for contestee objects, on the ground that this question is entirely irrele¬ 
vant to any of the grounds stated in the notice of contest.) 

A. A deal; a line was formed from the time of the opening of the doors until it w r as 
closed, from day to day. All Charleston knows that a man lost a week trying to 
obtain a registration certificate, and has not got it yet. 

Cross-examination: 

Q. Are you a registered voter?—A. I am. 

Q. Did you have any difficulty in complying with the test at the register's office?— 
A. I did; they requested me to read, and after reading wanted me to explain the 
same. I refused to answer. 

Q. Did you have any difficulty in voting?—A. I did not. 

Q. You are a Republican and a colored man?—A. I am. 

Q. Did you see anybody rejected who had a registration certificate?—A. I saw one 
man—John Frasier, the hack driver—in Chalmer street. 

Q. Why was he rejected? Do you know?—A. The managers claimed he was there 
once before. 

Q. Who were the managers there at that poll?—A. I do not know their names. 

Q. Where did .John Frasier vote that day; or did he vote at all?—A. He did not 
vote. 

Q. Did you see his registration certificate?—A. I did. 

Q. Were you in the voting booth when Frasier offered to vote?—A. I was at the 
side of the door. 

Q. How many times did he attempt to vote on election day ?—A. One time. 


MURRAY YS. ELLIOTT. 


99 


Q. Did lie go to the commissioners of election and ask them to take any steps to 
allow him to vote?—A. I do not know. 

Q. Did you see his poll-tax receipt?—A. I did. 

Q. What conversation took place between he and the managers?—A. He went in 
to vote; he was rejected. The managers said, “ You can’t vote.” He asked why. 
They said, ‘‘You were here and voted already.” He said, “I was not. I drove by 
here and stopped awhile, and went off for my poll-tax receipt and registration cer¬ 
tificate.” 

Q. The first time he tried to vote he did not have his poll-tax receipt and registra¬ 
tion certificate?—A. He did not try until he went for them. 

Q. Where was this poll located?—A. First precinct of the Third Ward, northwest 
corner of State and Chamberlain streets. 

Q. After Frasier was rejected, did he made any attempt to vote that day ?—A. Not 
at that precinct; he did not. 

Q. Do you know if he tried at any other precinct or not?—A. I do not. 

Q. How many times were you in the register’s office itself'?—A. About three times. 

Q. Why were you rejected the first two times you were there?—A. Not having a 
poll-tax receipt. 

Q. How long was you in the register’s office the last time you were there?—A. I 
can’t tell the exact time. 

Q. Were you in the register’s 10 minutes?—A. I said I don’t know. 

Q. A\ ill you give me the name of the man who you said lost a week from his work 
in trying to get his registration certificate?—A. 1 don’t know his name. 

Q. Do you know where he works?—A. I do not. 

Q. What is his occupation?—A. I don’t know. 

R. G. F. Gipson. 

Sworn to before me this 8th day of February, 1897. 

H. W. Purvis, Notary Public. 

Exhibit O. 


Blanlc No. 2 . 

State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct 1 of Ward 3, and legally qualified to register and vote therein, did, 
on this the 3d day of November, 1896, present himself at the said voting precinct to 
vote for Geo. W. Murray, the Republican candidate for Congress in the first district of 
said State, desiring and intending to vote for the said Geo. W. Murray, and, upon his 
attempting to so vote, was denied the right to so vote, and his vote thus offered to 
the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registeration under the laws of South Carolina, 
being entitled to such registration, but had been refused and denied the right to 
register, and further states that if he had been permitted to register and to vote at 
said election, he would have voted for the said Geo. W. Murray, the Republican candi¬ 
date for Congress in said district. 

John Bryan. 

Witnesses: 

R. G. F. Gipson, 

Jacob Johnson. 

Personally appeared John Bryan and made oath that the above statement is correct. 

[seal.] Solomon M. Brown, Notary Public. 

Charleston, S. C., January 12 , 1897. 

[Twenty-three affidavits same as above, signed and witnessed, filed with this 
exhibit.] 

Blanlc No. 1. 


State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age 21, male resident of the 
voting precinct 1, of Ward 3, and legally qualified to register and vote therein, did, 
on this the 3d day of November, 1896, present himself at the said voting precinct to 
vote for Geo. W. "Murray, the Republican candidate for Congress in the First district 
of said State, desiring and intending to vote for the said Geo. W. Murray, and, upon 
his attempting to so vote, was denied the right to so vote, and his vote thus ottered 
to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 


100 


MURRAY VS. ELLIOTT. 


to register; ami be farther states that if he had been permitted to register and to 
vote at said election, he would have voted for Geo. W. Murray, the Republican can¬ 
didate for Congress in said district. 

And the undersigned further states that he is qualified even under the present 
constitution, as he can read and write, as evidenced by the fact that he signs this in 
his own handwriting. 

H. Washington. 

Witnesses: 

R. G. F. Gipson. 

Jacob Johnson. 

Personally appeared H. Washington and made oath that the above statement is 
correct. 

[seal.] Solomon M. Brown, Notary Public. 

Charleston, S. C., January 12, 1897. 

[Fourteen affidavits same as above, signed and witnessed, filed with this exhibit.] 

JOHN F. HEMHOLM, sworn: 

Examined by M. Myers: 

Q. Give your name, age, residence, and occupation.—A. John F. Hemholm; age, 
37; live 238 Ashly avenue; a commercial salesman. 

Q. Are you a white man?—A. Yes, sir. 

Q. Did you at any time previous to the election make application for Republican 
representation on the boards of Federal managers in company with anybody? 

(Counsel for contestee objects on the ground this question is irrelevant to any of 
the grounds stated in the notice of contest.) 

A. I did. On the morning of November 2, which was Monday morning, I and Mr. 
Chris Smalls called on Mr. Grice at his residence on St. Phillips street. He not being 
home, was told we could find him at the Northeastern Depot. There I saw Mr. 
Grice. I said: “Mr. Grice, I, representing the Republican party, and hearing that 
you have been appointed the third manager commissioner, I ask of you representa¬ 
tion for the Republican party.” He stated to me that he could not undo what the 
commissioners had already done. I then said: “Mr. Grice, you refuse to give the 
Republican party representation. 77 He said he could do nothing. I then turned to 
Mr. Smalls, who was standing by my side, and said to Mr. Smalls: “You witness; 
Mr. Grice lias refused the Republican party representation. 77 I then bade him good 
morning, and went off. 1 had discharged my duty. 

Q. Why did you find it necessary to put off making application until the morning 
of the 2d ?—A. It was by shrewdness and keeping my ears open that I found that out. 
It leak out on the Saturday night previous to November 2, from Mr. Mi land, one of 
the commissioners, that Mr. Grice had received the appointment, and the following 
day, being Sunday, I could not apply for representation, but I was there Monday 
morning at 8 o’clock. 

Q. What number constitutes the board of commissioners?—A. Three. 

Q. Have you a registration certificate? If so, what was the tests under which you 
got the same?—A. 1 have; the test I went under was: I was sworn and asked whether 
I had ever committed any crime that would debar me from getting a certificate. I 
said no. Thereupon I received my registration certificate. Of course, I had to present 
my tax receipt. 

Q. Y r ou were not required to read or explain the constitution?—A. I was not. 

Cross-examination: 

Q. Did you ever apply to J. H. Thayer, chairman of the board of Federal commis¬ 
sioners, for representation?—A. I did not. 

Q. Was Mr. Grice the only one you applied to for representation?—A. He was. 

Q. Do you read the News and Courier?—A. I do. 

Q. Y r ou knew, then, that Mr. Thayer was chairman, did you not?—A. I did not 
know that Mr. Thayer was chairman." 

Q. Did you know that Mr. Thayer was on the board?—A. I did not know that 
Mr. Thayer was on the board. 

Q. You never saw it stated in the paper he was on the board?—A. I did not see it 
stated in the paper. 

Q. What is your original State?—A. I was born in South Carolina; this is my 
native State. 

Q. How long have you lived in Charleston?—A. All my life, with the exception of 
about two years; those two years I lived in New York City. 

Q. In whose employment are you as a salesman at the present time?—A. At this 
present time I am drumming on commission, representing several houses; my head¬ 
quarters is H. C. Wholens. 

Q. What sort of goods do the houses deal in which you represent?—A. Tea, 


MURRAY VS. ELLIOTT. 101 

tobacco, meats, general produce; I sell anything that I can get my hands on to 
make a dollar. 

Q. Have you ever represented any whisky houses in Charleston?—A. No, sir. 

Q. Have you ever sold any whisky in Charleston since the passage of the dispen¬ 
sary law?—A. No, sir. 

Q. How long have you been a Republican?—A. I was born that waj 7 . 

Q. W ho did you represent, as the Republican nominee for Congress, in the last 
election ? A. I advocated the candidacy of Mr. Murray; I did all in my power at 
any and all times for him; attended and spoke at all his meetings that I could get 
to, and at all times I was lound doing all I could for the Republican party and its 
welfare. 

Q*. ^ position are you an applicant for in the Republican party?—A. I am an 
applicant for no position; the position will have to seek me, not me the position; 
they will have to wait a long time for me to ask them to put me in any place. 

Q. Do you hold any official connection with the Republican party?—A. I am on 
the executive board, and I am secretary of the Progressive Republican Club, and I 
am president of my ward Republican club. 

Q. Did you have any difficulty voting on election day?—A. No, sir. 

Q. Did you see anybody rejected who had a registration certificate?—A. No, sir. 

„ Jno. F. Hemholm. 

Sworn to before me this 8th day of November, 1896. 

C SEAL -] H. W. Purvis, Notary Public. 

C. McFALL, sworn: 

Examined by Mr. Myers: 

Q. Give your name, age, residence, and occupation.—A. C. McFall; age 40; live 
No. 5, Stall’s alley; a barber. 

Q. Where were you on election day, 3d of November last, and what were you 
doing there ?—A. I was at the first precinct of Ward No. 1, at the Federal polls; I 
was in the capacity of clerk; I had the blanks to be filled out by voters who had 
been rejected by the managers, who had offered to vote for G. W. Murray; being 
refused by the managers they came to me, lodged their complaint, and those who 
could read and write signed blank No.' 1, and those who could not signed blank No. 
2, by making a x, cross, and I witnessed the same in company with J. F. Pinckney; 
this was done on the 3d day of November, election day, at the Federal poll. 

Q. \\ hat knowledge did these men have of the blanks they signed?—A. They read 
it, and knew it would be a sworn statement, and those who could not read I read it 
to them; they positively knew what they were signing. 

Q. Do you identify these? If so, state what they are [handing witness Exhibits 
G and H, filed January 29, 1897. S. M. B., notary].—A. I do identify them. They 
are sworn statements, made by applicants avIio applied for them, which I gave to 
them, witnessed by myself and Pinckney. 

Q. How many did you so witness?—A. I witnessed fifty-six. 

Q. Did the Republicans have any representation on the board of Federal man¬ 
agers?—A. None whatever. 

Q. What was the interest, if any, manifested by the Republicans that day in sup¬ 
port of their nominee for Congress, Mr. Murray? 

(Counsel for contestee objects upon the ground that the question is entirely irrele¬ 
vant to any of the grounds stated in the notice of contest.) 

A. Great interest was manifested by voters staying at the polls all day, especially 
where I was, trying to get in their votes; some had registration certificates who could 
not vote, and also their poll-tax receipts. 

Cross-examination: 

Q. Are you a registered voter?—A. I am. 

Q. Did you have any difficulty in voting?—A. I did not. 

Q. You are a Republican and a colored man, are you not?—A. I am. 

Q. Who were the managers at the polls where you was stationed?—A. I don’t 
know them. 

Q. Do you mean to say, when you said that the Republicans had no representation 
on the board of managers, I suppose you were referring to your own poll, were you 
not?—A. Not only at my poll, where there was none, but I don’t believe there was at 
any poll. 

Q. Did you ever hear that Mr. J. B. Heyer was one of the managers at your poll?— 
A. No, sir. 

Q. Did you ever hear that Mr. F. M. Bryan was one of the managers at your poll?— 
A. No, sir. 

Q. There was 196 managers and clerks for the Federal election held on November 
3 last. How many of those did you know by name?—A. I don’t know any. 


102 


MURRAY VS. ELLIOTT. 


Q. Of how many did you know the place of residence?—A. Not any of them; I 
don’t know where they stay; I don't know who they are. 

Q. Did you see any persons rejected who had registration certificates?—A. I did; 
I can’t give any names, but there was a good many who had registration certificates. 
There is one man who stays on Broad street; I think his name is Alston, if I am not 
mistaken, had his poll tax, too. Either No. 11, or 33 Broad street, it I am not mis¬ 
taken. 

Q. You are not certain of the names of any of them; not a single one oi them?— 
A. Not any of them. 

Q. Did you see their registration certificates?—A. I did. 

Q. Were you in the booth when they offered to vote?—A. No; but I could see them 
trying to vote, and were refused by the managers. 

Q. Do you know why they were refused?—A. I do not. 

Q. Will you swear that those were not old registration certificates?—A. I would 
not say they were old or new; they were not under the new constitution. 

Q. Was there a man by the name of Pinckney, Jas. F. Pinckney, ever stationed at 
that poll where you were?—A. There was a man by the name of .Jas. F. Pinckney 
stationed at the poll where I was. 

Q. How long were you at the poll?—A. All day; from 7 a. m. to the closing of the 
poll. 

Q. How long was Pinckney there?—A. He was all day with me. 

Q. Did any colored men witness the count of the ballots at that poll that day?— 
A. Yes; there was some witnessed the count of the ballots. 

Q. Was Jas. F. Pinckney one of those?—A. He was not there; not to my knowl- 
edge. 

Q. Did yon see anybody vote who had an old registration certificate?—A. No; I 
did not. 

Q. Did you not know that under the law no one could vote with an old registra¬ 
tion certificate?—A. I do know that. 

C. Me Fall. 

Sworn to before me this 8tli day of February, 1897. 

[seal.] H. W. Purvis, Notary Public. 

GEORGE MOSES, sworn: 

Examined by Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. George Moses; age, 61; 
lives 6 Mary street; a huckster. 

Q. Did you vote on election day or offer to vote?—A. I offered to vote for G. W. 
Murray and was rejected by the managers. “ You can’t vote here,” they said. 

Q. When the managers rejected you what did you do?—A. I went and made out 
a blank before Mr. Martin that was for G. W. Murray. I knew what I was signing. 
Mr.-witnessed it. 

Q. Did you try or ever try to get a registration certificate? If so, how many 
times did you apply?—A. I did try, day after day, about twenty times. 

Q. Did you succeed?—A. I did not. I had my tax receipt; am too old to pay tax 
as a poll; had my tax receipt on my real estate. 

Q. How many times did you get into the office to speak to the commissioners of 
registration?—A. Every time. 

Cross-examination: 

Q. Why were you refused registration, do you know?—A. 1 told him I came to 
register; he asked me if I could read the constitution; if it was read to you or you 
can read it yourself; can you explain it if it was read to you. I told him to go ahead 
and try. He asked me what was the meaning of perjury. I told them when a man 
swears to a lie on a man or any person that was right. They asked me to tell what 
was the meaning of forgery. That was a man who used a man’s name without his 
consent. That is done pretty well, he said. They then asked if I could write my 
name and 1 did write it. Come back most anytime, you can get yours most any¬ 
time; we are in a little hurry to-day, and I went back and kept agoing and every 
time they were in a little hurry. The last time I went back they said they were in 
a little hurry. We don’t want any trouble to-day; I know you, my boy. 

Q. Can you read?—A. Not much. 

Q. What day was it That you went to the register’s office when this test was made ?— 
A. After the 10th of April. 

Q. What day was this test made?—A. Tenth of April and five or six days right after 
one another. 

Q. Did you take any appeal from the action of the board of registers?—A. I made 
an appeal. 

Q. To whom did you appeal?—A. I appealed to a notary. I don’t remember his 
name. 



MURRAY VS. ELLIOTT. 


103 


Q. Was that the only appeal you took?—A. That was the ouly appeal I made. 

Q. Was there a large crowd at the register’s office?—A. Some'days they were. 

Q. Was there many white people there?— X. Yes; any quantity was there. 

Q. Did you ever stay there to the hour of closing?—A. No; not exactly. 

Q. For whom did you vote on election day?—A. For George W. Murray I tried to 
vote for. 

Q. At what poll and precinct did you cast your ballot?—A. At Ward 9, precinct 1. 
I try to vote for Murray. 

Q. Where did you cast your ballot?—A. At Ward 9, for George W. Murray. 

Q. How long were you at the polls?—A. I was there in the morning at half after 
7; off and on all day. 

Q. Did you see anybody rejected who had registration certificates?—A. I did not. 
I saw hundreds rejected at the polls. What they rejected them for I don’t know. 

Q. Did you see anybody vote who did not have a registration certificate?—A. I 
did not see. 

George Moses. 

Sworn to before me this 8th day of February, 1897. 

[seal.] H. W. Purvis, Notary Public. 

W. J. GRANT, sworn: 

Examined by Mr. Myers : 

Q- Give your name, age, residence, and occupation.—A. W. J. Grant; age, 37 j 
live 193 Calhoun street; a butcher. 

Q. Where were you on election day, 3d of November last, and what were you doing 
there?—A. Part of the time at my place of business, in Calhoun street opposite 
college, and the other part at the polling booth of Ward 6, precinct 1, at both the 
Federal and State polls. I was there for the purpose of voting and giving such 
encouragement to timid persons, made so by fear—I have reasons to believe by fear 
and intimidation incident to all the elections conducted in South Carolina since 1876. 

Q. Are you a registered voter?—A. I have been since the birth of this child of 
infamy. 

Q. Did you vote or have any difficulty in voting on the day of election?—A. I 
voted, but credit entirely to my indefatigability. I registered, I believe, the third 
day that the registration office was opened under the auspices of this last outrage, 
and there were very few persons present for said purpose. When I entered the reg¬ 
istration office I was asked as to my residence, which I stated clearly, along with 
my ward and voting precinct. 1 saw evidences of a desire to intimidate, which was 
obviated by one of the registers, Williams by name, who, to dispel all traces of an 
intended invasion, what possibly he had supposed more than a task for he who 
would intimidate. The certificate was made out, and my statement what will fol¬ 
low will act as a substantive to my hypothesis. When I presented myself to vote 
on the said day of election I first entered the Federal booth, where I handed in my 
registration certificate and poll-tax receipt. After looking over the registration 
books the managers informed me that my name did not appear thereon. I then came 
out and went to what was designated, what was called, a State polling booth, to find 
out if the same conditions existed there. I found such to be the case, but was 
informed by the managers I could vote if I desired to, despite the fact that I had 
been refused at the Federal box. Of course I refused, feeling that if I was wrong in 
one I was wrong in both, and if right in one I was right in both. I jumped in my 
buggy and appeared at the county court-house, where I found two of the registra¬ 
tion officers who were located there. After a search over the books for nearly an hour 
it was discovered that the number of my certificate was not in keeping with the 
number on the register’s books. This discovery was entirely made by myself after 
their investigation had been exhausted, but by my persistency I came across my name 
in running over the leaves. I then went back to the polling booths of Ward 6, after 
1 had fortified myself with a written acknowledgement of this error, which I am pre¬ 
pared to put in as an acknowledgement, as I had it down either on the back of my 
poll-tax receipt or registration certificate. My name was then found on the books 
at a different number, on a different page, and I was then allowed to vote. I fully 
believe that had I delayed voting until later my vote, like many other good, loyal 
Republicans, would have been lost through the maladministration consequent upon 
the general character of such. 

Q. What, if anything, do you know of the conduct of the registration officers 
during registration?—A. There was one old colored man who was turned out of the 
office as 1 went in. He attempted to remonstrate with them because of his failure 
to get his certificate. All that I could learn was, through the coloquy carried on be¬ 
tween him and one of the registers, that they demanded of him a poll-tax receipt. 
He was claiming that he was 59 years of age; that he was informed that he could 
register at that time, at that age, without a poll-tax receipt. The police was en- 


104 


MURRAY VS. ELLIOTT. 


joined to move him on, the police who was stationed at the door, as he was stationed 
there steadily. 

Q. What interest, if any, was manifested by the Republicans of your county in 
trying to obtain registration certificates?—A. Geueral interest manifested- 

(Counsel for contestee object upon the ground that this question is not in response 
to any of the allegations of the notice of contest.) 

A. (Continued.) To the extent that I spent $50 out of my personal pocket to obtain 
poll-tax receipts for persons trying to register, and some men over 60 years of age, 
of whom they demanded poll-tax receipt of. I have had men to come and borrow 
money from me on their furniture and watches so they could be registered by ob¬ 
taining poll-tax receipts, and still they were rejected. I bought innumerable copies 
of what is called the constitution of the State, so they could qualify themselves to 
obtain registration. 

Q. Was there any organized effort of the Republicans in their support of their 
nominee, G. W. Murray, for Congress?—A. There was. I spoke to meetings all over 
the city, where there was hundreds, all in support of G. W. Murray; and when his 
name was called- 

(Counsel for contestee objects on the ground of irrelevancy.) 

A. (Continued.) All the audiences seemed electrified. This organization was kept 
up from the time of his nomination in May up to the day before the election, at 
which time all the wards in the city, the night before the election, held forth large 
meetings, some of whom kept up all night, singing songs of patriotism and listening 
to speeches of the merits of their candidate. 

Cross-examination: 

Q. When you went to the registers’ office to get your registration certificate was 
you asked to read the constitution?—A. Before the question was asked me, or during 
the time I was being questioned concerning my ward, and all the questions incident 
to registration, one of the registers, Williams by name, smiled significantly with 
him who did question, and remarked as to my extraordinary knowledge of all of the 
conditions. 

Q. You were not asked, then, to read or write?—A. I was not. 

Q. You are a Republican, but a colored man, are you not ?—A. I am a Republican; 
not a colored man. 

Q. Did you see anybody rejected who had a registration certificate and not 
allowed to vote?—A. I did; saw myself rejected in bold relief. I did not see any¬ 
body else; I was too busily engaged in ’couraging men who were fearful of being so 
treated. 

Q. Where you at the polls when the votes were counted?—A. I was not. 

Q. Are you a white man?—A. It will take me too much time to answer that 
question. 

Q. Do you refuse to answer the question?—A. I have answered already. 

Wm. J. Grant. 

Sworn to before me this 8th day of February, 1897. 

[skal.] H. W. Purvis, Notary Public . 

Adjourned at 3.30 o’clock February 8, 1897, to February 9, at 9.30 a. m. 

Pursuant to adjournment, the taking of depositions was resumed, 110 Church 
street, city of Charleston, S. C., at 9.30 o’clock a. m., on above date, at which was 
present W. F. Myers, esq., representing contestant, and W. T. Logan, esq., repre¬ 
senting contestee. 

H. B. NOISETTE, sworn: 

Examined by Mr. Myers: 

Q. Give your name, age, residence, and occupation.—A. H. B. Noisette; age, 39; 
live 43 Washington street; a carpenter. 

Q. Where were you on election day, 3d of November last, and what were you doing 
there?—A. I was acting as clerk at the second precinct of Ward 5, at the Federal 
poll. I took the names of those who offered to vote and were rejected, and as such 
clerk witnessed these affidavits, with Paul Besard. These men went there to vote 
and were rejected; they came out and came over where I was aud requested me to 
take their names, as they tried to vote and could not, and those of them who could 
read these forms signed their names. I sighed also as a witness, with Paul Besard, 
who saw these men make an effort to vote. Those who could not read or write I 
read the blank form to them, and they signed them by making their mark, which I 
witnessed with Besard. 




MURRAY VS. ELLIOTT. 105 

Q. How many of such affidavits that day did you witness with Paul Besard?—A. 
One hundred of them. 

Q. Do you identify these? If so, what are they [handing witness a hatch of 
papers]?—A. I do; they are the affidavits witnessed by me that day. 

(Counsel tiles them in evidence as Exhibit P. 

(Counsel for contestee objects to the introduction of these papers, upon the grounds, 
first, that the affiants themselves are the proper persons to testify, and should be 
called as witnesses; second, that these affidavits are not in response to any of the 
allegations in the notice of contest; third, that by this mode of proceeding con¬ 
testee is deprived of the right of cross-examination; and, further, that the affida¬ 
vits do not come from the possession of the notary.) 

Q. What interest, if any, was manifested by the Republicans in the candidacy of 
Mr. Murray? 

(Counsel for contestee objects, upon the ground that the question is entirely 
irrelevant to any of the grounds in the notice of contest.) 

A. From what I know as a fact, they manifested great interest in organizing clubs 
in the interest of Mr. Murray and the Republican party in general. 1 am a member 
of a club myself in Ward 5. Our president advised all the men to pay their poll 
tax and register, and meetings were held regularly, and many of them paid their 
poll tax and made every effort to obtain registration. 

Cross-examination: 

Q. Are you a registered voter?—A. Yes, sir. 

Q. Did you have any difficulty in voting?—A. No. 

Q. You are a Republican and a colored man?—A. Yes, sir. 

Q. Did you have any difficulty in complying with the test at the registration 
office?—A. Well, not very much. I had to wait quite awhile before I could get in. 
After getting in, I read some, being so requested; questions asked I answered to tlie 
best of my ability, and I got my registration certificate. 

Q. Did you see anybody rejected and not allowed to vote, who had a registration 
certificate?—A. Yes, sir; I saw several. 

Q. Were they old registration certificates or new ones?—A. They were new. 

Q. Will you give the names of some of them, and state about how many they 
were.—A. One John Williams, Richard Pinckney; these parties I know. There 
were about four of them. 

Q. Do you know the reason they were rejected?—A. Williams and Pinckney? 
Pinckney said he had moved two doors from the house from which he was regis¬ 
tered ; Williams had moved in some other street in the same ward, and failed to have 
their certificates changed. 

Q. You don’t know why the others were rejected?—A. Ido not. 

Q. Were you at the polls when they were closed?—A. I was. 

Q. Did you see the ballots counted?—A. Yes, sir. 

H. B. Noisette. 


Sworn to before me this 9th day of February, 1897. 

[seal.] H. W. Purvis, Notary Public. 


Exhibit P. 
Blank No. 1. 


State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age 21, male resident of the vot¬ 
ing precinct two, of Ward five, and legally qualified to register and vote therein, 
did, on this the 3d day of November, 1896, present himself at the said voting pre¬ 
cinct to vote for Geo. W. Murray, the Republican candidate lor Congress in the 
First district of said State, desiring and intending to vote for the said Geo. W. 
Murray, and upon his attempting to so vote was denied the right to so vote, and his 
vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and he further states that if he had been permitted to register and to 
vote at said election he would have voted for Geo. W. Murray, the Republican can¬ 
didate for Congress in said district. 

And the undersigned further states that he is qualified even under the present 


106 


MURRAY VS. ELLIOTT. 


constitution, as he can read and write, as evidenced by the fact that he signs this in 
his own handwriting. 

William Seabrook. 

Witnesses: 

John Chestnut. 

H. B. Noisette. 

Personally appeared William Seabrook and made oath that the above statement is 
correct. 

[seal.] J. A. Minges, 

Notary Public, South Carolina. 

Charleston, S. C., January 27, 1S97. 

[Fifty-six affidavits same as above, signed and witnessed, filed with this exhibit.] 

Blank No. 2. 


State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct 2, of Ward 5, and legally qualified to register and vote therein, did, 
on this the 3d day of November, 1896, present himself at the said voting precinct to 
vote for George W. Murray, the Republican candidate for Congress in the First dis¬ 
trict of said State, desiring and intending to vote for the said George W. Murray, 
and, upon his attempting to so vote, was denied the right to so vote, and his vote thus 
offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Carolina, 
being entitled to such registration, but had been refused and denied the right to 
register, and further states that if he had been permitted to register and to vote at 
said election he would have voted for the said George W. Murray, the Republican 
candidate for Congress in said district. 

William (his x mark) Johnson. 

Witnesses: 

Paul Berard. 

H. B. Noisette. 

Personally appeared William Johnson and made oath that the above statement is 
correct. 

[seal.] Solomon M. Brown, Notary Public. 

Charleston, S. C., January 2, 1897. 


[Forty-tw r o affidavits same as above, signed and witnessed, filed with this exhibit.] 


Took a recess at 12.30 o’clock, Februarv 9, 1897, until 4 o’clock p. m., February 9, 
1897. 


W. E. SIMMONS sworn: 


H. W. Purvis, Notary Public. 


Examined by Mr. Edwards: 

Q. Give your name, age, residence, and occupation.—A. W. E. Simmons; age, 30; 
lives No. 2 Greenhill street ; a barber. 

Q. Where were you on election day, 3d of November last, and what were you 
doing there?—A. I was at Ward 2, precinct 2, corner of Broad and New streets, at 
the Federal poll. I was clerk, filling out blanks of rejected voters, those who offered 
to vote and were rejected. 

Q. How long were you there?—A. I was there at the time the polls opened in the 
morning, 7 o’clock, until the polls closed, 6 p. in., and saw the votes counted. 

Q. How many persons did you see rejected?-A. Nine. 

Q. Did they have registration certificates or poll-tax receipts?—A. Some had reg¬ 
istration certificates, and some had poll-tax receipts. 

Q. How many had registration certificates?—A. Four. 

Q. Can you give the names of those persons who had registration certificates?— 
A. I have a memorandum of them, but not with me; I can't remember their names 
now. 

Q. Give the names of those persons who had poll-tax receipts?—A. I can give the 
names of two right now, Duncan Frazier and H. Megget. 

Q. Counsel for contestant hands witness a batch of papers and asks him if he ever 
saw them before.—A. I have; they are the blanks that the rejeccted voters filled 
out on the day of election, and which 1 witnessed. 

Q. How many blanks or affidavits are in that package?—A. There should be 9, but 
there is but 8. 

(Counsel for contestant files said affidavits in evidence, marked “ Exhibit Q.” 


MURRAY VS. ELLIOTT. 


107 


Counsel for contestee objects to the introduction of said affidavits upon the 
grounds: First, that the affiants themselves are the proper persons to testify and 
should be called as witnesses; second, that the affidavits are not in response to any 
of the allegations in the notice of contest; third, that by this mode of proceeding 
the contestee is deprived of the right of cross-examination; and further, that they 
do no come from the custody of the notary.) 

Q. You say that you were present until the votes were counted that day at the 
polls; how near were you to the box when the count was going on?—A. I was stand¬ 
ing right over it. 

0- Could you see the ballots as they were taken from the box?—A. I could, as a 
fact. 

Q. How many ballots were in the box?—A. There was 21 in all, of which Murray 
recived 7 and Elliott 14. 

Cross examination: 

Q. Are you a registered voter?—A. I am. 

Q. Did you have a difficulty in complying with the test at the registration office?— 
A. Y'es, sir; I had to go back three or four times before I got my certificate. 

Q. Was that on account of the crowd that you was delayed in getting your certifi¬ 
cate?—A. It was not on account of the crowd; the man kept baffling me with all 
count of nonsense, and had to go back and get my poll-tax receipt before he gave it 
to me. 

Q. How many times did you go there without your poll-tax receipt?—A. Three 
times, and I then found out they did not intend to give it to me without the poll-tax 
receipt, I went and got it. 

Q. Did they give you your certificate when you went back with your poll-tax 
receipt?—A. He asked me a few questions as to the constitution ot the State, then 
handed it to me. 

Q. Did you have any difficulty in voting?—A. None. 

Q. You said you stood at the ballot box and wached the count of the votes, did 
you not?—A. \ r es. 

Q. You are a Republican and a colored man?—A. Y"es. 

Q. Do you know a man by the name of W. J. Grant, a butcher?—A. Yes. 

Q. How long have you known him?—A. About fifteen years or longer. 

Q. Is he a white man or a colored man?—A. A colored man. 

Q. Are you certain of that?—A. That I know to be a fact. 

YY. E. Simons. 

Sworn to before me this 9th day of February, 1897. 

[seal.] * H. W. Purvis, Notary Public. 

C. F. CANE sworn: 

Examined by Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. C. F. Cane; age, 35; lives 
5-Mile Course; a farmer and teacher. 

Q. Where were you on election day, 3d of November last, and what were you doing 
there?—A. I was at the polling precinct of St. Phillips and St. Michaels parish 
known as Three-Mile House, at the Federal poll, acting in the capacity of a clerk, 
enrolling names of voters who were said to be legal, and they were rejected by the 
managers of election; they came and made affidavits, which I witnessed. 

Q. About how many of those affidavits did you witness?—A. One hundred and 
twenty-one from actual count. 

Q. Did any of those persons whom you saw rejected have registration certificates?— 
A. They did not. 

Q. Did any of them have poll-tax receipts?—A. They did; all of them. 

Q. How near to the polls were you during the day?—A. I judge the distance to be 
about 10 feet. 

Q. Could you see each voter as he went up to the poll?—A. I could, clearly; in 
other words, I made it my duty to see them. 

Q. Did these persons whom you saw rejected exhibit their tax receipts to the mana¬ 
gers?—A. They did. 

Q. Counsel for contestant hands witness a batch of papers, and asks if he has ever 
seen them before.—A. \ r es, sir; I have; these are affidavits. 

Q. Did vou witness those affidavits?—A. I did, sir. 

Q. Where at?—A. At St. Phillips and St. Michaels parish, at the Three-mile House 
on the 3d day of November, 1S96. 

Q. How many of them are they?—A. One hundred and twenty-one; which I, with 
Samuel Williams, witnessed. 

(Counsel for contestant files the 121 affidavits in evidence, as Exhibit T. 

Counsel for contestee objects to the introduction of these affidavits upon the 
grounds: First, that the affiants themselves are the proper persons to testify, and 


108 


MURRAY VS. ELLIOTT. 


should be called as witnesses; second, that they are not in response to any of the 
allegations in the notice of contest; third, that by this mode of proceeding, con- 
testee is deprived of the right of cross-examination, and further they do not come 
from the custody of the notary.) 

Cross-examination: 

Q. Are you a registered voter?—A. Yes, sir. 

Q. Did you have any difficulty in complying with the test at the registration 
office?—A. A great deal; I lost about live days in succession there; after losing five 
days, on January 6 succeeded in registering after being very much disrespected, by 
the police authorities that the supervisor of registration had stationed there, to my¬ 
self and others. 

Q. How many times were you in the registrar’s office itself?—A. Only once. 

Q. Was there a large crowd at the registration office when you went there?— A. 
There was. 

Q. Did you stand in the line of the colored people who formed there?—A. I did. 

Q. Were you kept from the registrar’s office by the large crowd of colored people 
ahead of you?—A. Three days I was, the other two days I was not debarred by the 
crowd of colored people, with whom I stood, but was debarred from the whites on 
the opposite side. 

Q. On the one occasion you went into the registrar’s office, did you get your regis¬ 
tration certificate?—A. I did. 

Q. On that one occasion did you have any difficulty in complying with the test 
prescribed by the registration officer?—A. On presenting myself to the registration 
officers I did not find it a very difficult thing. 

Q. Did you have any difficulty in voting?—A. No, sir. 

Q. You are a Republican and a colored man, are you not?—A. Yes, sir. 

Q. How were you stationed at the poll at which you testified you were at on elec¬ 
tion day?—A. About 10 feet opposite to the box. 

Q. Do you mean 10 feet from the end of the wooden barricade in front of the 
poll?—A. I do not; my table was leaning up against the barricade. 

Q. Was it on the side of the barricade ?—A. It was. 

Q. You were then distant from the ballot boxes the length of the wooden barri¬ 
cade?—A. I was. 

Q. Did you hear what went on between the voters and managers in every case?— 
A. I made it my business to do so. 

Q. Did you remain at the polls all day exactly in the same position ?—A. I did. 

Q. Did you have any dinner on election day?—A. Yes, sir. 

Q. Did you go oft'to get it, or was it brought to you?—A. It was brought to me. 

Q. Did you have any duties at the polls that day?—A. I acted in the capacity of 
a clerk. 

Q. In that capacity you had to fill out a number of blank papers, did you not?— 
A. Yes; I did. 

Q. You were kept pretty busy?—A. Part of the time I was. I filled out 121 of 
them. 


Redirect: 

Q. You stated in your cross-examination that on two of the days when you applied 
for registration, that you were obstructed or prevented by the crowd on the other 
side, and that you desired to explain how this was; you will now make any explana¬ 
tion you desire.—A. The obstruction was from the other side. Whenever I would 
attempt to go into the supervisor’s office to register, one of the whites on the opposite 
side would attempt to go in at the same time, and to prevent me from going in the 
policeman, a “burly one,” stationed himself right in the entrance, and said to me 
several times that I could not go in just now, that this white man is ahead of you, 
and you must wait a better opportunity. Seven went in that time ahead of me, and 
I should have been the fifth in line to go in; that was on the fourth (lay; in like 
manner, on the fifth day I was obstructed by white men. I should have suc¬ 
ceeded; that is, I should have registered before them. 

a , _ . C. F. Cane. 

Sworn to before me this 9th day of February, 1897. 

[seal.] H. W. Purvis, Notary Public. 

Adjourned February 9, 1897, at 7.30 p. m. until 9.30 a, in., February 10, 1897. 

H. W. Purvis, Notary Public. 

Exhibit T. 

Blank No. 2. 


State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct St. Phillips Parish, and legally qualified to register and vote 


MURRAY VS. ELLIOTT. 


109 


therein, did, on this the 3d day of November, 1896, present himself at the said voting 
precinct to vote lor Geo. W. Murray, the Republican candidate for Congress in the 
First district of said State, desiring and intending to vote for the said Geo. W. Murray, 
and upon his attempting to so vote was denied the right to so vote, and his vote thus 
offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Carolina, 
being entitled to such registration, but had been refused and denied the right to reg¬ 
ister, and further states that if he had been permitted to register and to vote at said 
election he would have voted for the said Geo. W. Murray, the Republican candidate 
for Congress in said district. 

Elias (his x mark) Geathers. 

Witnesses: 

Sam Williams. 

C. F. Cave. 

Personally appeared Sam Williams and C. F. Cave and made oath that the above 
statement is correct. 

[seal.] H. W. Purvis, Notary Public. 

St. Phillips Parish, S. C., February 7, 1897. 

[Ninety-two affidavits same as above, signed and witnessed, tiled with this exhibit.] 

Blanlc No. 1. 

State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct St. Phillips Parish, and legally qualified to register and vote 
therein, did, on this the 3d day of November, 1896, present himself at the said 
voting precinct to vote for Geo. W. Murray, the Republican candidate for Congress 
in the First district of said State, desiring and intending to vote for the said Geo. W. 
Murray, and upon his attempting to so vote was denied the right to so vote, and his 
vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration, under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right to 
register; and he further states that if he had been permitted to register and to vote 
at said election he would have voted for Geo. W. Murray, the Republican candidate 
for Congress in said district. 

And the undersigned further states that he is qualified even under the present 
constitution, as he can read and write, as evidenced by the fact that he signs this in 
his own handwriting. 

Alfred Caralina. 

Witnesses: 

Sam Williams. 

C. F. Cave. 

Personally appeared Sam Williams and C. F. Cave and made oath that the above 
statement is correct. 

[seal.] H. W. Purvis, Notary Public. 

St. Phillips Parish, S. C., February 9, 1897. 

[Thirty-one affidavits same as above, signed and witnessed, filed with this exhibit.] 

WILLIAM THOMPSON, sworn: 

By Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. William Thompson; age, 
29; live at 84 Cannon street, city of Charleston; a brickmason. 

Q. Did you vote on election day or offer to vote?—A. I offered to vote for Geo. W. 
Murray. I went up to the table and took two tickets; one was the Congressional, 
for Geo. W. Murray, and the other the Presidential ticket. And I went to the box to 
vote and they rejected me for not have my registration papers. I returned to the 
table and made out an affidavit; I signed it myself, and stood up a while and saw 
two or three who were rejected who did as I did. After that I went off. 

Q. At what election was this?—A. At the 3d of November last. 

Q. Did you make any efforts to get a registration certificate? If so, under what 
conditions?—A. I was at the city hall, I mean the fireproof building, the place of 
registration, and went in and they gave me the fifth section to read, and I read it. 
And, of course, I did not satisfy them, and they rejected me. 

Q. Had you paid your poll tax at that time, and did you present that, too?—A. Yes, 
sir. 

Q. What was the conduct of the registration officers toward white and colored 


110 


MURRAY VS. ELLIOTT. 


applicants the days you were present?—A. Well, sir, I saw white gentlemen go in 
there and just give their names, and they presented nothing to them book noi noth¬ 
ing, and they got their registration certificates and came right out. 

Q. Can you name the number of the white gentlemen you saw treated that way 
while you were there?—A. About six or seven who went in between the colored, who 
went right in and came right out. 

Q. What about the colored applicants who went in? 

(Counsel for contestee objects, upon the ground that this is an extremely leading 
question.) 

A. They presented them the book, and made them read the constitution, ana it 
they did not read to satisfy the supervisors, they were rejected, and told to come 

again. . ., , . ., 

Q. Y r ou said you made an affidavit oil the day of election. Did anybody witness 
it; if so, who?—A. Mr. Mayes, Drayton, and Smalls. Smalls wrote on it. 


Cross-examined: 

Q. When was it you went to the registration office?—A. I went to the registra¬ 
tion office on the first Monday in May. I did not get in then, there was too much 
crowd, but about the second Tuesday in May I got in. 

Q. You were rejected because you could not read?—A. No, sir; I did not please 
them in my reading; that was the reason I was rejected. 

Q. Will you read a section of the constitution for me?—A. Yes, sir. 

(Counsel for contestant objects to this test, as it is not within the purview of this 
reference. 

Counsel for contestee hands witness a copy of the constitution; asks him to read 
section 8 of article 1.) 

A. (Witness refuses to read.) 

Q. Did you take any appeal from the action of the board of supervisors in refus¬ 
ing you a registration certificate?—A. No, sir. 

Q. When you went to the poll and tried to vote did you tell the managers who 
you wished to vote for?—A. Yes, sir. 

Q. Do you know who those managers were?—A. I know their faces, but can not 
call their names. 

Q. What precinct was that?—A. Precinct second. 

Q. How long did you stay at the polls?—A. About two hours—not very long. 

Wm. Thompson. 

Sworn to before me this 22d day of February, 1897. 

[L. s.] 

H. W. Purvis, Notary Public. 


S. M. BROWN, sworn: 

By Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. S. M. Brown; age, 33; 
lives 12 D street, city of Charleston; by trade a barber, and notary public. 

Q. Where was you on election day, November 3 last, and what were you doing 
there?—A. 1 was at the Federal poll, Ward 10, second precinct. I was there acting 
in the capacity of a notary public, swearing voters who were rejected who offered 
to vote for G. W. Murray, the Republican candidate for Congress. 

Q. Did these voters know by reading, or other information, the nature of the 
blanks they were swearing to?—A. They did. Those who could read read; those 
who could not, I read to them. Previous to that they had them read to them at 
ward meetings to instruct the voters of that ward how to vote, at the same time 
acquainting them of these blanks which would be there and which they were to 
swear to should they be rejected. 

Q. Was there any effort on the part of the Republican voter put forth in the 
interest of Mr. Murray, the Republican nominee for Congress, and, if so, to what 
extent ? 

(Counsel for contestee objects on the ground that the question is irrelevant and 
not in response to any of the allegations in the notice of contest.) 

A. There was all through the county. They were thoroughly organized in his 
interest. Meetings were held in the wards and precincts, and especially in the ward 
I live in. My knowledge of the organization of the county was by" mv visiting 
other meetings. 

Q. What, if anything, do you know of the conduct of the registration officers dur¬ 
ing the time of registration ?—A. My knowledge and belief, it was very partial. This 
I know by visiting the office. I was there at the office thirty days out of the thirty- 
six, the special days for registration, and saw great crowds of applicants, white and 
colored. They were compelled to form two lines, one for the white and one for the 
colored. The white men were allowed to go in, three to one colored. White men 
were given their certificates without any trouble, while the colored, after reading, 


MURRAY VS. ELLIOTT. Ill 

those who could, would have to explain questions which were given to them by the 
registration officers. 

Q. You said white men had no trouble. Do you mean they had no trouble in read¬ 
ing or answering the questions that were put to them, as "were put to the colored 
men?—A. I mean that they were not put to the trouble of reading or explaining, 
but simply apply the certificates there given them, and they came out. 

Q. What is this?—A. This is the constitutional convention journal of the year 
1895. 

Q. V ill you turn to pages 466 and 467 and see whose name is mentioned there as 
making a speech in said convention? 

(Counsel for contestee objects to this question on the grounds that it is entirely 
irrelevant and not in response to any of the allegations in the notice of contest, and 
has nothing to do with the issues raised in this case.) 

A. Page 466—I find B. R. Tillman’s name there as making a speech. 

Q. Will you read from page 467 a portion of his speech as indicated? 

(Counsel for contestee objects on the ground that this is entirely irrelevant and that 
the book which the witness offers to read has not been properly proven.) 

A. I find on page 467 that Mr. Tillman said: “ I dictated it, the terms on which we 
agreed, and the basic principle was that no white man should be disfranchised except 
for crime, because that was the guiding star which actuated my entire purpose and 
action.” 

Q. Did B. R. Tillman occupy, or does he now occupy, any representative position 
from South Carolina?—A. He did. He was governer of the State once, and is now 
United States Senator from South Carolina. 

Cross-examination: 

Q. You testified you were at the registration office a number of times. What was 
your business there?—A. My business, lirst, was to get a registration certificate. 
After that I was there looking after the interests of the Republican party and her 
voters. I was detailed from my ward to pay poll tax for the voters, and I paid for 
about 100. Men would go in line and hold their positions until I could pay their 
poll tax and bring the receipts to them, and in order that they would not lose any 
time. 

Q. Did you pay those poll taxes personally ?—A. Yes. 

Q. You were in the tax office a large portion of the time, were you not?—A. Not 
longer than it required me to pay the tax and get the receipt. 

Q. Where was the larger portion of your time spent while at the fireproof building 
where the registration office is located?—A. As soon as I could get through paying 
tax and get the receipt, I came down and distributed the receipts to the men who 
were in line and whom I paid for. I positioned myself opposite or as near opposite 
the door to see the result of my work. 

Q. To get to the tax office from the registration office you had to go upstairs to 
the second story of the building, and cross a passageway, did you not?—A. I don’t 
remember crossing a passageway; I went through from Chalmer street side, the 
steps leading from Chalmer street. I had no passageway to cross. 

Q. How many times were you in the register’s office itself?—A. I was only there 
once inside. 

Q. How near did you stand to the door of the register’s office?—A. As near as I 
possibly could. 

Q. How many white men did you see yourself who got their registration certifi¬ 
cates without going through the formality of reading the constitution?—A. As many 
as I saw go in. 

Q. Have you any idea how many that was?—A. I kept no memorandum. 

Q. Was there not always a line of colored persons between you and the door of 
the registration office?—A. Hardly; the white line was formed in the passage lead¬ 
ing from the park; they came in that way. The colored was from the other side; 
from the Chalmer street side, thus forming a line on either side of the door, which 
gave me a chance to stand opposite to the door, or anyone else that wanted to do so. 

Q. Was there not a policeman stationed in that doorway, or just between those 
two lines?—A. No, sir; the policeman stood in the doorway entering into the office, 
allowing those to come in who he wished; that was the chance to allow three white 
men to enter to one colored. I was hindered in the same way when I went to register. 
I went into the tax office to get a receipt for a person before applying for my cer¬ 
tificate; there was three white men at that time who were behind me in the tax 
office. I had the advantage of getting to the registration office first. I got there 
the second man to the door on the colored line; those white men came down and the 
three of them got their certificates before I got mine, on account of being stopped 
by the policeman, who said not my turn yet. 

Q. How long will you swear was the longest time you was stationed in front of 
the door of the registration office after you had got your certificate ?—A. vVell, I 
am under oath already. I don’t think I need swear again. I won’t state no time. 


112 


MURRAY VS. ELLIOTT. 


Q. To a person not standing exactly opposite the door of the registration office, 
was not always a line of voters and a policemen between him and the door of the 
registration office?—A. With the policeman in the doorway, I could see in the office 5 
with the first man in each line facing the door, the entrance, a person standing 
opposite or nearly so could see into the office, and see what went on, if not hear 
what was said. 

Q. You are a Republican, are you not?—A. I am. 

Q. You are a supporter of George W. Murray, are you not?—A. Being a Repub¬ 
lican, I am a supporter of all Republican candidates, and voted for Murray. 

Q. You have been employed in the present contest between Murray and Elliott to 
act as a notary public in the interest of Murray, have you not?—A. Veil, T don t 
know that 1 am any more of a hireling than those employed on either side. 

Q. Do you expect to be paid by Elliott, or who do you expect to be paid by? A. 
Just who you think I’ll be paid by. 

Q. Were you not employed in the interest of Murray to act as a notary public? 

A. Don’t know it is necessary for me to answer that question; I refuse to answer it. 

Q. l r ou are a colored man, are you not?—A. I am. 

Q. Did you have any difficulty in voting?—A. No, sir. 

Q. Did you see anybody rejected who had a registration certificate?—A. I did; T. 
E. Bryant and Bethel More; these were all that I saw rejected who had registra¬ 
tion certificates. 

Q. Do you know why they were rejected?—A. Bryant lost his tax receipt, but he 
had a duplicate obtained, and got the county treasurer to sign it on election day; 
carried his tax receipt, thus signed, with his registration certificate; presented him¬ 
self to vote; on getting in the managers refused, saying that it was not a proper 
receipt. Bethel More had both tax receipt and registration certificate ; was refused 
because the tax receipt or the registration certificate had one more letter than the 
other to his name. 

Q. Did you go up to the ballot box with those two voters?—A. According to the 
arrangement of the polls in Charleston on election day it was impossible for anyone 
to go up to the box with any voter, but they could get sufficiently near to hear what 
was going on. 

Q. Were you present, or did you hear what passed between More and Bryant 
and the managers when the former were rejected?—A. I could hear it, and did hear 
that much of it, anyhow. 

Q. What position do you occupy in the Republican county politics?—A. I am a 
precinct chairman, which makes me a member of the county executive committee. 

Q. Y r ou are a Republican politician, in other words?—A. Well, if managers of 
elections are politicians, then I am placed in the same category. 

Solomon M. Brown. 

Sworn to before me this 22d day of February, 1897. 

H. W. Purvis, [l. s.] 

Notary Public. 

C. H. SMITH, sworn: 

By Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. C. H. Smith; age, 34; 
live at No. 73 George street; a laborer. 

Q. Where was you on election day, 3d of November last, and what were you doing 
there?—A. I was at the Federal polls in Ward 6 , precinct 1. I was sent there with 
Holloway Douglas Wilson, to act as a clerk in taking the names of those who offered 
to vote for George W. Murray and were rejected. 

Q. What did you do, and how did you get those names?—A. First I got those 
names after they were rejected from voting; those who,could read and write wrote 
their names, and those who could not I read the blank to them and wrote their 
names; they made their marks and they were witnessed by me and Douglas Wilson. 

Q. How near was you to the voting booth during the day?—A. The distance was 
about 3 or 4 feet. 

Q. What relation did that place you with the managers; what could you deter¬ 
mine?—A. I could hear and see all that was going on inside the poll. 

Q. Did these rejected voters say or do anything before leaving the voting place— 
the booth?—A. They did not say anything to those who hindered them from voting, 
but when they returned to us they just asked if we could do anything for them. All 
we could do was to take their names on the blanks and fill the blanks out. 

Q. Did the managers question the rejected voters, or any of them, before going to 
sign an affidavit?— A. All they said to them they could not vote; they asked them 
nothing else. 

Q. Was any interest manifested by the Republicans of your precinct in the sup¬ 
port of the Republican nominee, Mr. Murray, for Congress ? 


MURRAY VS. ELLIOTT. 113 

(Counsel for contestee objects, upon the ground that this question is irrelevant 
and not in response to any of the allegations in the notice of contest.) 

A. Yes, sir; there was interest. They were organized into clubs in each ward. 

Cross-examination: 

Q. Did you vote on election day ?—A. I did not. 

Q. When a person went up to vote he did not state to the managers who he wished 
to vote for, did lief—A. Yes, sir; when they asked them. 

Q. Ordinarily they did not ask them; the voter simply went up to the ballot box 
and if he did not have his registration certificate and poll tax receipt he was 
rejected?—A. Yes, sir. 

Q. How far did the wooden barricade extend tn front of the ballot boxes?—A 
About 6 or 7 feet. 

Q. It extended across the pavement and a little beyond?—A. Yes, sir; a little 
beyond. 

Q. You was stationed about 3 or 4 feet from the entrance of the poll?—A. Yes, sir. 

C. H. Smith. 

Sworn to before me this22d day of February, 1897. 

H. W. Purvis, [l. s.] 

Notary Public. 

A. T. JENNINGS, sworn: 

By Mr. Myers : 

Q. Give your age, residence, and occupation.—A. A. T. Jennings; age, 28; lives 
125 Meeting street, city of Charleston; a job printing establishment. 

Q. Are you a registered voter?—A. Yes, sir. 

Q. Will you state what test or tests you were put to in obtaining your registration 
certificate?—A. None, but to show my poll-tax receipt. 

Q. During your presence in the registration office were there any colored appli¬ 
cants? If so, what success did they have?—A. As I went in I saw one colored man 
reading, or attempting to read, a pamphlet of some description—the constitution, I 
supposed; but he was refused; upon what grounds I don’t know. 

Q. During your stay there were there any other white applicants besides your¬ 
self? If so, state what success they had.—A. There was a man who preceded me 
with the officer who gave me my certificate; had his registration certificate and 
went out. 

Q. Did you vote on election day?—A. I did; voted for the Presidential electors 
headed by Mr. Duncan—the “McKinley electors”—and for George W. Murray for 
Congress. 

Q. Did you have any difficulty in voting? In other words, what were the require¬ 
ments when you presented yourself at the polls?—A. I had no difficulty in voting at 
Federal box; I had my ticket with me—the ticket I intended to vote, my registra¬ 
tion in my hand, and my poll-tax receipt in my pocket, and before voting I started 
to produce my poll-tax receipt, and I was told by Manager Levy that it was not 
necessary, as he knew it was all right. 

Q. Are you connected with any political organization in your city? If so, will 
you state what relation it bears to the Republican party? 

(Counsel for contestee objects to this question upon the ground that it is irrele¬ 
vant and not in response to any of the allegations in the notice of contest.) 

A. I am a member of the Progressive Republican Club of this city; it is composed 
exclusively of white men; it bears about the same relation to the Republican party 
as any other political club bears to its party; it belongs to the regular organization of 
the Republican party. 

Q. To what extent did this club give support to the Republican nominee for 
Congress from this district? 

(Counsel for contestee objects upon the ground that this question is absolutely 
irrelevant and not in response to any of the allegations in the notice of contest.) 

A. I think it generally supported him. 

Q. From your knowledge of affairs, your activity in the politics of your section, 
will you state what is the impression made on the citizenship in reference to the 
present registration law in its execution and administration?—A. Well, it is gen¬ 
erally accepted as a fact it was for the disfranchisement of the negro vote. All 
classes concede that. 

Q. Will you take this, examine it, and tell what it is [counsel for contestant 
handing witness a book] ?—A. It is the journal of the proceedings of the constitu¬ 
tional convention of 1895. 

Q. Will vou turn to page 518 of said journal?—A. I have it. 

Q. Will you read from the protest of J. W. Gray section or clause 4? 

(Counsef for contestee objects on the ground that this is irrelevant, and is not in 
response to any of the grounds in the notice of contest, and that the volume from 

17745 -- 8 



114 


MURRAY VS. ELLIOTT. 


which witness is about to read has not been proven to be an official report of tlie 
proceedings of the constitutional convention.) 

A. I am now going to read the fourth clause of an article signed by J. W. Gray, 
on page 518, of the journal of the proceedings of the constitutional convention. 
“ Fourth, because the article subjects this convention to the charge of conspiracy, 
to defraud a certain class of American citizens from the exercise of elective franchise, 
and I greatly fear this charge may he sustained in the United States Supreme Court. ; 

Cross-examination: 

Q. How long have you known Mr. Clarence Levy?—A. By sight, for some time; 
personally, only a short time. 

Q. You are a white man?—A. Yes, sir. 

Q. Do you think Mr. Levy knew who you were when yon attempted to vote?—A. 
I know he knew who I was. 

Q. Is not the Progressive Republican Club composed very largely of ex-liquor 
dealers, who were forced to give up their business when the dispensary law was 
enacted?—A. I don’t know that it was composed very largely; there was some in it. 

Q. About what is the membership of that club?—A. lean give no answer as to 
numbers; early last spring, according to the report of its secretary, it was 1,600 and 
odd, and when the club was given representation in the Republican county conven¬ 
tion it was based on that membership. 

Q. How long have you been a Republican?—A. I have never voted anything else, 
except at the last election. November 3, 1896, when I voted the Democratic county 
ticket; with that single exception, whenever voting, I have always voted the Repub¬ 
lican ticket. 

Q. Was not that club generally much more interested in the election of governor 
than support of the Republican Congressional candidate?—A. I do not think so. 

A. T. Jennings. 

Sworn to before me this 22d day of February, 1897. 

[l. s.] H. W. Purvis, Notary Public. 

J. A. NOLAND, sworn: 

By Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. J. A. Noland; age, 39; 
lives 137 Calhoun street; a salesman. 

Q. Are you a white man?—A. \ r es, sir. 

Q. Are you a registered voter?—A. Yes, sir. 

Q. Did you, on election day, the 3d of November last, vote for a candidate for 
Congress? If so, for whom?—A. For Geo. W. Murray. 

Q. Did you have any difficulty in obtaining your registration certiticate?—A. 
No, sir. 

Q. As a w T hite man, to w r hat test was you put by the registration officers?—A. 
Simply to sign my name. 

Q. What, if anything, do you know' of the conduct of the registration officers 
during registration?—A. Persons w'ho were colored and supposed to be Republicans 
were required to read and explain; persons who were white and supposed to be 
Democrats were not required to read or explain, but simply to sign; and to carry 
out that the supervisors were supposed to carry out the constitution, that was 
opposed to the Republican party. 

Q. According to that, are we to understand that many Democrats, or supposed 
Democrats, were given certificates that could not meet the constitutional require¬ 
ments? 

(Counsel for contestee objects to this question on the ground that it is extremely 
leading.) 

A. Emphatically so. 

Q. What knowledge have you, if any, of the impressions made on the citizen¬ 
ship of your section in reference to the creation and the administration of the pres¬ 
ent registration laws, bearing on all classes of citizens?—A. They are very unfairly 
administered. Republicans, colored people who are supposed to be Republicans, 
have been made to leave the lines when they showed any anxiety to register. 

Q. Then, do you mean to say that the colored men were practically discriminated 
against? 

(Counsel for contestee objects on the grouud that the question is extremely lead¬ 
ing.) 

A. I do. 

Q. Where were you on election day, the 3d of November last, and what were you 
doing that day?—A. 1 was at the corner of Morris and Coming streets, at the 
Federal poll, and a man notified me that he had been deprived the privilege of voting. 
He was a colored man, whom I took to be a Republican. I afterwards saw his ticket, 


MURRAY VS. ELLIOTT. 


115 


and found him to be a Republican. Took him into the managers, they told me his 
name was not on the list. I told them the voter was straight, having seen the super¬ 
visors’ signatures, which I recognized. The managers told me he could only vote 
under protest. I then told them if he did not vote here he would vote somewhere else 
later. They consented, finally, to allow him to vote, and he voted for Geo. W. Mur¬ 
ray for Congress. I was told there were others that were treated the same way, 
that they had work to perform for their employers and could not stay. 

Q. Did anything else, in relation to the election, come under your observation that 
day in any other section of the city?—A. I saw men whom I have always known to 
vote the Democratic ticket, who can not speak the English language, and I know 
they can not explain the constitution, go to the polling precincts to vote. They had 
registration certificates. Reing white, I concluded they voted, as the constitution 
said no white man must be debarred from the right to vote. 

Q. About what time was the constitution under which we live formed or ordained?— 
A. To the best of my knowledge, in August or September, 1894 or 1895. I have a 
copy home, but, not being much interested in that kind of business, I am not certain 
to the time. 

Q. Was that constitution ever submitted to the people for ratification? 

(Counsel for c-ontestee objects as being entirely irrelevant.) 

A. It was not. 

Q. In the calling or making up of that convention, was any restriction placed on 
the voters—that is, preceding the convention? 

(Counsel for contestee objects to the question as being irrelevant and not in 
response to any of the allegations in the notice of contest.) 

A. I can’t answer that; I am not well versed. 

Q. Did we have any law requiring qualifications of a voter before he could vote? 
If so, what were they?—A. I don’t know. We had a registration law; simply a poll- 
tax receipt was the requirement. 

Q. I fear your memory needs refreshing. Will you think a little while and then 
tell if there was any other requirement in reference to registration? 

(Counsel for contestee objects upon the ground that the question is extremely 
leading and simply one of a series by which counsel for contestant is seeking to draw 
out from a biased witness answers suggested by the counsel.) 

A. If there was I have forgotten it. You might mention about fifteen minutes 
before 6 o’clock on election day for closing the polls at Market Hall. That a white 
man that I supposed to be a Democrat offered a registration certificate to me for sale. 
Not wishing to buy votes for the Republican party—1 knew that the Republican 
party had no way to get registration certificates, as the supervisors were all Demo¬ 
crats. 


Cross-examination: 

Q. How many times were you at the registration office?—A. Twice. 

Q. Were you in the registration office itself on both of those occasions?—A. No, 

sir. 

Q. How long were you in the register’s office itself?—A. About two minutes. 

Q. How long were you there on the other occasion ?—A. About long enough to see 
if 1 could get registered that day, the time being very long. 

Q. Do you suppose that you were more than half an hour that day?—A. No, sir. 

Q. How many persons did you say got registration certificates while you were in 
the office?—A. While in the office 2; while in line, there was 10 ahead of me, but 
thev were rejected, and that was how I got in as quick as I did. 

Q. Will you give me the names of some of those men who you said had reg¬ 
istration certificates and who you knew could not explain the constitution ? A. If 
fhe supreme court would appoint supervisors of registration, no doubt they could find 
them much quicker than I could tell you. 

Q. How many of those persons were they who had registration certificates and yet 
you knew could not explain the constitution?—A. In Charleston County I think I 
could put my hand on 500 of them easy; a Democratic friend of mine tells me he can 
put his hand on 200 in Colleton County. 

Q. How many of these men did you ever see try to explain the constitution?—A. 
From their ignorance not one ever attempted it, as they were not capable of explain- 

ing it. . 

Q. When von said, then, that you saw men have registration certificates and who 
could not explain the constitution, you never saw a single one of those men try to 
explain the constitution or get a registration certificate?—A. I saw them get them, 
but not traveling in their class I was not supposed to have any conversation with 
them. 

Q. Will you give me the names of any of those who you saw get registration cer¬ 
tificates?—A. I could if I thought it necessary to give them to you; should Congress 
pass a law to that effect they will shortly know who they are. 

Q. Don’t you know that when you say the constitution says no white man shall 


116 


MURRAY VS. ELLIOTT. 


be debarred the privilege of voting, what you say is not true —A. It I had finished 
my sentence, possibly it would be true. If counsel will allow me, I would add, 
unless for crime. 

Q. Do you mean to say, then, that the constitution says that no white man shall 
be debarred from voting except for crime?—A. That was the instructions given to 
the delegates before the convention met, and if they did not insert those exact words 
they carried out the wishes of the Democratic party. 

Q. Don’t you know that the constitution says that no man shall be debarred the 
privilege of voting except for crime?—A. Provided he reads and understands the 
constitution. 

Q. What poll did you vote at?—A. I voted at Ward 5, precinct 2. 

Q. Who were the managers at that poll—the Federal?—A. Two of them are men 
well known to me, which I know to be Democrats. 

Q. Do they know you?—A. Yes, sir. 

Q. Did you have any difficulty in voting?—A. None at all. 

Q. How long have you been a Republican?—A. Ever since I followed my own 
mind. 

Q. You are known, then, to the managers to be a Republican?—A. Possibly I may. 
Don’t know what other people know. 

Q. Do you hold any position in the Republican county organization?—A. No, sir. 

Q. You are a dry goods clerk in Read’s, are you not?—A. Yes, sir; assistant buyer 
and manager of the black goods department. 

Q. You are a white man and voted for a negro for Congress?—A. Every day if I 
was allowed. 

John A. Noland. 

Sworn to before me this 22d day of February, 1897. 

H. W. Purvis, Notary Public. 

Pursuant to adjournment, the taking of depositions was resumed at 110 Church 
street, in the city of Charleston, at 9.30 o’clock a. m., February 23,1897, at which 
were present W. F. Myers, esq., representing contestant, .and W. F. Logan, esq., repre¬ 
senting contestee. 

Dr. W. D. CRUM, sworn: 

By Mr. Myers : 

Q. Give your age, residence, and occupation.—A. Dr. W. D. Crum; age, 38; live 
98 Coming street; by occupation a physician. 

Q. Are you a practicing physician ?—A. Iam. 

Q. What position, if any, do you hold in the Republican organization of your 
county ?—A. I am county chairman. 

Q. To what extent are you organized as a party? 

(Counsel for contestee objects on the ground that the question is irrelevant and 
not in response to any of the allegations in the notice of contest.) 

A. We are well organized, having a chairman for each ward and precinct, and 
ward clubs in each ward under the management of efficient presidents, which leads 
up to the regularly organized head of the party, forming the executive committee, 
that the chairman of each ward constitute—the county executive committee. 

Q. Would you mind stating for what nominee for Congress you voted?—A. Not at 
all; I voted for Geo. W. Murray. 

Q. Was there any recent occurrence in this State affecting its organic laws?—A. 
Yes; the holding of a constitutional convention to frame a new constitution. 

Q. Was a constitution made?—A. Yes, sir. 

Q. In the formation of such convention was any restriction placed on the voters? 
If so, what was it? 

(Counsel for contestee objects upon the ground that this question is irrelevant and 
not in response to any of the allegations in the notice of contest.) 

A. Yes; a man had to have a registration certificate or he was debarred from the 
privilege of voting. 

Q. In the issuing of certificates, or the administration of the laws governing 
them, was any discrimination made against any class of citizens in your county?— 
A. Yes; I have known of men making many efforts to register who could not be reg¬ 
istered on account of the limited time and the dilatoriness of the officers of regis¬ 
tration. 

Q. Does that refer to any particular class of citizens?—A. Yes; particularly to 
colored men. 

Q. Were these citizens you speak of enabled to vote for delegates to the constitu¬ 
tional convention ?—A. They were not. 

Q. Being prominent in the affairs of your district and State, you may have some 


MURRAY VS. ELLIOTT. 117 

knowledge of the spirit of this constitutional convention, in reference to the suf¬ 
frage clause, or its provisions. If so, will you give it? 

(Counsel for coutestee objects, upon the ground that the question is entirely 
irrelevant and not in response to any of the allegations in the notice of contest.) 

A. I followed the proceedings of the convention very closely, and it seemed to me 
the spirit of the convention was to curtail the suffrage of colored men, nothing being 
said to the contrary, to my knowledge. 

Q. Will you take this, examine it, and tell what it is? (Counsel for contestant 
handing witness a book.)—A. This is a journal of the constitutional convention of 
the State of South Carolina, held on the 10th of September, 1895. 

Q. In substantiation of what you have said in reference to the spirit of this con¬ 
vention bearing on suffrage clauses, will you turn to pages 60 and 61, and read sec¬ 
tions 12 and 13, or give their substance? 

(Counsel for contestee objects, upon the ground the question is irrelevant, and not 
in response to any of the allegations in the notice of contest, and the volume from 
which witness is about to read has not been proved to be an official copy of the pro¬ 
ceedings of the constitutional convention.) 

A. Section 12 of page 60 reads as follows: “ No person shall be eligible to partake 

or retain a seat in the house of representatives unless he is a white man who has 
attained the age of 21 years, has been a resident of this State preceding the elec¬ 
tion three years.” Section 13, page 61, reads as follows: “No person shall be eligi¬ 
ble to or take or retain his seat in the senate unless he is a white man who has 
attained the age of 25 years.” 

Q. Will you turn to page 731 of the same volume? Who do you find there reported 
as making a speech?— A. George D. Tillman. 

Q. Will you read the clause as indicated by the marks? 

(Counsel for contestee objects, upon the same ground heretofore stated.) 

A. Mr. President, we can all hope a great deal from the constitution we have 
adopted. It is not such an instrument as we would have made had we been a free 
people. We are not a free people; we have not been since the war. I fear it will be 
some time before we can call ourselves free. I have had that fact very painfully 
impressed upon me for several years. If we were free, instead of having negro suf¬ 
frage we would have negro slavery; instead of having the United States Government 
we would have the Confederate States Government; instead of paying $300,000 pen¬ 
sion tribute we would be receiving it. 

Q. Was the constitution submitted to the people of this State for ratification or 
adoption? 

(Counsel for contestee objects, upon the ground that the question is entirely irrele¬ 
vant and not in response to any of the allegations in the notice of contest.) 

A. No. 

Q. What effect has the present registration law in its administration on the fran¬ 
chise of colored citizens?—A. It has greatly reduced it. It is reduced by reason of 
the fact that the qualifications under the new constitution are of such a nature that 
but a few can comply with it, and this is left to the judgment of the registration 
officers. 

Q. Who are these registration officers, as to political affiliation?—A. They are 
white men and Democrats. 

Q. In this connection will you read clause 4 of the protest on page 518 from the 
journal of the constitutional convention? 

(Counsel for contestee objects, upon the ground already stated to reading from same 
volume.) 

A. Clause 4, page 518: Because the article subjects this convention to the charge of 
conspiracy to defraud a certain class of American citizens in the exercise of the elec¬ 
tive franchise, and I greatly fear this charge may be sustained in the b nited States 
Supreme Court. 

Q. To what article does he refer?—A. He refers to the article denying the elective 
franchise to a certain class of citizens. 

Q. Who signed that?—A. It was signed by J. W. Gray. 

Q. Do you know ,J. W. Gray, and what is he—a Democrat or Republican?—A. I 
know of him only bv reputation; he is a Democrat. 

Q. If all citizens of legal age, barring penal prohibitions, were permitted to vote, 
what party would be in the majority in your county and district ? 

(Counsel for contestee objects, on the ground that the question is irrelevant and 
not in response to any of the allegations in the notice of contest.) 

A. The Republican party. 

Cross-examination: 

Q. Are you a registered voter?—A. I am. 

Q. You had no difficulty in obtaining your registration?—A. I had none. 

Q. Did you have any difficulty in voting?—A. No, sir. 


118 


MURRAY VS. ELLIOTT. 


Q. You are a Republican and a colored man, are you not?—A. I am a Republican. 
Q. You are a colored man, are you not?—A. Yes. 

Wm. D. Crum. 


Sworn to before me this 23d day of February, 1897. 


[L. S.] 


H. W. Purvis, Notary Public . 


E. S. WINGATE, sworn: 

By Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. E. S. Wingate; age, 53; 
live No. 8 Reed street; a ship carpenter. 

Q. You are a white man and a native, are you not?—A. I am. 

Q. Are you a registered voter under the new constitution?—A. I am. 

Q. Did you have any difficulty in obtaining your registration certificate?—A. No; 
not of any consequence. 

Q. Did you vote on election day?—A. I did. 

Q. Did you have any difficulty in voting? If so, to what extent?—A. A little; I 
judge because I did not vote their way; they wanted me to vote for Furgerson and I 
would not do it. 

Q. Who was Furgerson ?—A. He was the Democratic nominee for sheriff. I was 
insulted on several occasions. 

Q. Will you tell why you were insulted? 

(Counsel for contestee objects upon the ground that it is extremely irrelevant.) 

A. Because I did not consider it a fair election; saw several colored voters go in 
to cast their ballots and they were rejected, and for what cause I do not know. I saw 
the same parties go to the table and sign their names to the affidavits on several 
occasions; all day along they were there, from the opening until the polls closed; 
when rejected by the managers they went and made these affidavits. These facts I 
witnessed. 

Cross-examination: 

Q. Furgerson was running for a county office, was he not?—A. I think so. 

Q. Do you swear he was the Democratic nominee for sheriff?—A. It was so under¬ 
stood. 

Q. Voting for sheriff took place at which poll?—A. At precinct 1, Ward 9; my 
ward; that’s what my registration certiffcate calls for. 

Q. How many polls were in that precinct on that day?—A. Voting polls, four. 

Q. Which ones were they?—A. Precinct 1 and precinct 2. 

Q. Do you know how many counties there are in this district?—A. In Charleston 
district one. 

Q. In this Congressional district how many counties?—A. I thought there was 12. 

Q. Do you know Colonel Elliott when you see him?—A. I am not acquainted with 
him exactly; I know him by eyesight. 

Q. Did the voting for sheriff' take place at the county poll?—A. Yes. 

Q. At what poll did the voting for Congressman take place?—A. I did not vote 
for Congressman; I only voted for sheriff. 

E. S. Wingate. 

Sworn to before me this 23d day of February, 1897. 

[l. s.] H. W. Purvis, Notary Public. 

W. R. BARRINEAU, sworn. 

By Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. W. R. Barrineau;. age, 31; 
live 72 Drake street; owner of furniture wagons. 

Q. Are you a registered voter?—A. I am. 

Q. Did you have any difficulty in getting your registration certificate as a white 
man?—A. None at all. 

Q. What were you required to do by the registration officers before they gave you 
your registration certificate?—A. Nothing at all but show my poll-tax receipt and 
write my name; that was all that I had to do. 

W. R. Barrineau. 

Sworn to before me on this 23d day of February, 1897. 

[l. s.] H. W. Purvis, Notary Public. 

JAMES ROBINSON, sworn: 

By Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. James Robinson; age, 55; 
live 453 King street; barber. 


MURRAY VS. ELLIOTT. 


119 


Q. Did you vote for Congressman on election day ? If so, for whom did you vote?— 
A. F. \V. Murray. 

Q. Are you sure of the name--the initial letters of tile name? 

(Counsel objects on the ground that the question is exceedingly leading.) 

A. I believe that is the way he spells his name. 

Q. Did you have any difficulty in getting your registration certificate? If so, state 
them?—A. I did; I went upstairs to pay my poll tax—me and a man by the name of 
Fields were together—and there was a white man just before us; he wanted to pay 
his, and they refused to take it on account of his not being a citizen, and sent him 
downstairs to the registration office, and refused me, as they said I was too old; 
Fields got his—paid $2.30—so we went on downstairs; this white man was before 
us, and he told the officers that he had no poll-tax receipt and he wanted to register, 
it being the last week, and then the officers asked why he did not get a poll-tax 
receipt, and he said that he was not a citizen, but that he was going to take out his 
papers: they asked him if he would swear to it, and he said yes; then they asked 
him where did he live, and he said he did not know exactly; but he handed them a 
piece of paper out of his pocket which showed them where he lived, and they gave 
him his certificate 

Q. The registration officers did not put this white man to any other test?—A. They 
did not. 

Q. Did you succeed in getting your registration the first day you applied? If not, 
why?—A. I did not, because I had not my poll-tax receipt; that was one objection, 
and the other objection was that I could not satisfy one of the gentlemen in there 
by answering some questions he asked me. 

Q. Under what conditions did you finally succeed in getting your registration 
certificate?—A. In the last ten days that the registration office was open I went to 
a friend of mine and asked him to intercede for me, a white Democratic friend; he 
did so: I went to his office and he carried me over to the registration office and told 
them we were friendly and asked them to do the best they could for me, and they 
gave me my certificate without any trouble, only made me sign my name. 

Q. So far as your knowledge goes, did the registration officers make any difference 
between the white and colored applicants in issuing registration certificates?—A. 
They did; I saw white men go in there and say, “How are you; How are you get¬ 
ting on ? ” and they would give them certificates, they just signing their names. And 
I saw the colored applicants with poll-tax receipts could not get them, as they could 
not read to the satisfaction of some of the officers in there. I know 10 or 12 who 
have poll-tax receipts now and can not get a certificate. 

Q. How is the registration law and its administration regarded by the people of 
your county?—A. The greater majority of them, I believe, think it illegal. They do 
it to suit themselves. 

Cross-examination: 

Q. On what day was it that you were first at the registration office?—A. It was 
the last Wednesday in the first registration. 

Q. When was the second time you were there?—A. It was about three days before 
the registration closed up; the date I have not with me; it is on my certificate. 

Q. You are known to be a Republican, are you not?—A. Yes, sir. 

Q. Supervisor of registration knew that?—A. There is one, I know, knew it. 

Q. What was the name of the Democratic friend who took you over to the regis¬ 
tration office?—A. That question I refuse to answer, as he is my friend. 

Q. How many men did you see who were known to register, and who got their 
certificates without having to go through the formality of reading the constitu¬ 
tion?—A. Well, both times I saw over a dozen. 

Q. Do you know what was the name of the person who you said was not a natural¬ 
ized citizen?—A. I don’t know his name. I had it—he told his name; but, not 
thinking it would ever come up, it slipped my memory—but it can easily be gotten. 
I know the name right behind his name. Fields. 

James Robinson. 

Sworn to before me this 23d day of February, 1897. 

[seal.] H. W. Purvis, Notary Public . 


A. T. CLAUSS, sworn: 

By Mr. Myers: 

Q. Give your name, age, residence, and occupation.—A. A. T. Clauss; age, 36; live 
90 Shepaial street; a merchant. 

Q. Are you a registered voter? If so, did you have any difficulty iu getting your 
registration certiticate?—A. Yes, sir; I am a registered voter; I had no trouble at 
all ; all I had to do was to sign my name, take the oath, and show my tax receipt. 
Q. You are a white man, are you not?—A. Yes, sir. 


120 


MURRAY VS. ELLIOTT. 


Q. As a white man, to what extent did that aid you in securing your registration 
certificate?—A. Well, I did not have to read or explain anything from the constitu¬ 
tion, while the colored men had to read and explain in some cases, and in all cases 
had to read. 

Q. What was the conduct of the registration officers, as far as you know, as to put¬ 
ting the test to white and colored applicants?—A. As iar ns I know, the white men 
did not have to read, the colored men had to read to the satisfaction of the officers; 
in some cases had to explain. 

Q. Can you tell what particular section, or sections, were given to the colored 
applicants while you were there?—A. The eighth section, the declaration ot rights, 
article 1. 

Q. For being a hard section, how does it compare with other sections in the 
constitution?—A. It is one of the hardest to read and to explain, it has a Latin 
phrase in it, too; in fact, I believe there is few white men can explain it unless they 
go to the dictionary. 

Q. Will you quote that section so the notary can take it down?—A. “ Sec. 8, article 
1, of the declaration of rights. No bill of attainder, ex post facto law. law 
imposing the obligation of contract, nor any law granting any title of nobility or 
hereditary emolument shall be passed, and no convictions shall work corruption of 
blood or forfeiture of estate.” There was another article given, the fifth section of 
the same article of the declaration of rights, “The privileges and immunities ot 
citizens of this State and of the United States, shall not be abridged, nor shall any 
person be deprived of life or liberty without the due process of law, nor shall any 
person be denied the protection of the laws.” 

Q. Did you vote for a candidate for Congress at the last election? If so, for whom?— 
A. I voted for a candidate for Congress; I voted for George W. Murray. 

Q. So far as you know, did any other white men advocate Murray and support 
him at the ballot box?—A. Yes, sir; a good many white men advocated him, and, as 
far as I know, voted for him. 

Q. Were you about any of the polling booths on the day of election last—the Federal 
polls, I mean?—A. Yes, sir; I was at Ward 11, second precinct; I was there in the 
morning and in the evening. 

Q. Did you see any colored citizens voting or offering to vote?—A. Yes, sir; those 
who had registration certificates and poll-tax receipts were allowed to vote; those 
who had only their poll-tax receipts were rejected. 

Q. On being rejected do you know what they did?—A. Yes, sir; they went across 
the street and made affidavits before George McCloy, a notary public, stating they had 
been refused to vote, although they had poll-tax receipts. 

Q. Section 1, of article 2, of the present constitution reads: “All elections by the 
people shall be by ballot, and elections shall never be held or ballots counted in 
secret.” Will you state to what extent this law was complied with in the last elec¬ 
tion as to barriers and free and untrammeled observation ? 

(Counsel for contestee objects on the ground that the question is irrelevant and 
not in response to any of the allegations in the notice of contest,) 

A. From what I can understand there was no Republican representation on the 
board of managers. Not only in my precinct but in every precinct in the city the 
men went in there to vote and came out. There was not any representation to see 
the count. There was barriers that reached from the very entrance to the box to 
the end of the pavement, about 8 feet. 

Q. Were voters allowed to stand in front of the barrier where they conld watch the 
progress of the election and the count?—A. They were only allowed when they went 
to vote. There was a policeman stationed there who kept the place clear. 

Q. Was it or not kept clear in such a way as to prevent the citizens from seeing 
what was going on during the day?—A. I can't say exactly on that point. Whether 
it was to keep the citizens from watching or not, there was no citizens around there 
except those in the line to vote. 

Q. From the conduct of the election officers and the police, are you prepared to 
say that the election was conducted openly and without effort to keep anything 
secret?—A. I could not say on that point, but I can say that the Democrats had 
everything in their hands. The Republicans had no show at all; they were on the 
outside. 

Cross-examination: 

Q. How long were you at the registration office?—A. I was down there two or 
three days during the first six weeks—April and May last; that is, from three to 
four hours each day that I was down there. I was on the inside of the office copy¬ 
ing off' the registration list, consequently knew a great deal that was going on in 
the registration office. 

Q. About what time was that?—A. The first six weeks—April and May, 1896. 

Q. How long have you been a Republican?—A. Ever since 1891, when I was 
refused registration. 


MURRAY VS. ELLIOTT. 


121 


Q. I hat was the year B. R. Tillman was elected governor of South Carolina?—A. 
It was in 1892 that I could not get my registration. I have been a Republican since 
1890. 

Q. You iirst became a Republican when Tillman was elected?—A. Ye, sir; I did 
not vote for Tillman. 

Q. You are a German citizen, are you not?—A. Yes, sir; of German descent; born 
right here. 

Q. Have you ever been engaged in the liquor business?—A. Yes, sir. 

Q. lou were driven out ot your business by the enacting of the dispensary law, 
were you not?—A. Yes, sir. My business was not altogether that. 

Q. Have you not been convicted of violations of the dispensary law?—A. No, sir: 
no cases at all. 

Q. Your establishment has been raided, has it not?—A. They have been there in 
my store, same as anywhere else; they have been all about. 

Redirect examination: 

Q. From the enactment and the administration of the dispensary law a great 
many white men have been driven from the regular Democratic organization, have 
they not? ° 

(Counsel objects to the question, as not being in reply to anything in the cross- 
examination.) 

A. A great many. 

A. T. Clauss. 

Sworn to before me this 23d day of February, 1897. 

[seal.] H. W. Purvis, Notary Public. 

J. L. C. SMALLS sworn: 

Examined by Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. J. L. C. Smalls; age, 44; 
live 55 Drake street; a teacher of music, vocal and instrumental. 

Q. V here were you on election day, 3d of November last, and what were you 
doing there?—A. I was from one precinct to another, the Federal polls, in the city 
of Charleston, overlooking the election. 

Q. What were your observations in reference to the conduct of the election and 
the counting of the votes that day?—A. I did not witness the counting of the votes 
on that day. My observation was called to the fact that the entire colored voters 
were directly interested in the election of George W. Murray for Congressman on 
that day. My reason for not witnessing the count was on account of the position 
which I hold in the party. I, being the Congressional county chairman of Charles¬ 
ton County, felt it my duty to be from precinct to precinct. 

Q. In the conduct of the election on that day was it free and untrammeled; could 
citizens place themselves to watch the process? In other words, to what extent did 
we have a free, open election?—A. We had neither managers nor watchers as repre¬ 
sentatives of the Republican party. The same was applied for, but no response lias 
ever been given. I, as Congressional chairman of Charleston County, made a pre¬ 
sentation to the board of Federal commissioners for Charleston County, through an 
influential member of the Democratic party in the person of Mr. Schmidt, of one 
representative to each polling precinct, Federal, throughout the county of Charles¬ 
ton, with the exceptions of McClellanville and Andow, which were left blank to be 
tilled later. The same was witnessed by myself and Ii. W. Purvis, county chairman 
of Charleston County. That presentation was left in the hands of Mr. Smith, 
believing that from his stand in the party it would have been effective. Again, seeing 
up to the 2d day of November, 1896, that no notice through the public press had been 
made of our request of the appointment of the persons asked for as managers of the 
various precincts, I, in company with Mr. John Hurnborn, having seen where Mr. 
R. B. Grice had been appointed one of the commissioners of the Federal election for 
Charleston County, called at his residence, which is on St. Phillips street. He not 
being there, we called at the Northeastern Railroad, where he is employed as cashier. 
There we saw him and informed him who we were, and that our being there was for 
the purpose of asking of him, as a member of the board of Federal commissioners, 
that we be allowed representation on the next day. We told him that we had just 
seen his appointment the Saturday before and would not call on Sunday, but waited 
until Monday. He said that the board, which is the other two members, had already 
done their work and would not undo it. 

Q. So the Republicans had no representation, did they?—A. None whatever. 

Q What, if anything, do you know in reference to the conduct of the registration 
offcers in issuing certificates to colored and white applicants?—A. I was at the 
registration office every day. I made it my business to be there, in company with 
many other Republicans, for the purpose of encouraging and aiding Republicans in 
obtaining their registration certificates. During the many days of registration 


122 


MURRAY VS. ELLIOTT. 


there was always two liues formed, hotter known as a white and colored line. I 
received my registration certificate as a member of the colored line. Those two lines 
were made to stop at the two door jambs of the entrance to the registration office, 
with a policeman in the center—that is, as a separatrix between the white and 
colored line. Colored Republicans in line would be compelled to wait until they 
were told by the policeman to go forward. It was a common thing to witness white 
men having access to the office four or five to the colored men one. White men who 
entered previous to me were called upon to do nothing, while 1, after having pre¬ 
sented my tax receipt, was called upon to write my name, and had my registration 
certificate presented to me. 

Q. Were yon present when any other colored men applied?—A. I was an eye wit¬ 
ness to hundreds of colored men presenting themselves for registration, and saw 
mauy rejected. It was said that some did not read satisfactory, and others did not 
give the definition of certain words in the constitution. 

Q. The constitution, in the suffrage clause, section 4, Clause C, says: “All male 
persons of voting age who can read any section of this constitution when presented 
to them, or understand and explain when read by the registration officer.” Do you 
mean to say that the colored applicants were required both to read and explain?— 
A. All colored applicants, with one or two exceptions, were called upon both to read 
and explain. I do not know why I was not called upon to read and explain, unless 
it was from the size of my tax receipt submitted. 

Q. In this connection will you take the journal, the proceedings of the constitu¬ 
tional convention, and turn to page 727 and read the protest of I. Holsteu Read, of 
Georgetown County in reference to the suffrage clause, and tell us what he said? 

(Counsel for contestee objects, upon the grounds the question is irrelevant, it is 
not in response to auy of the issues in the case, the volume from which the witness 
reads has not been proven to be an official copy of the proceedings of the constitu¬ 
tional convention.) 

A. Page 727 of the journal of the constitutional convention of South Carolina, 
1895. I find the objections of I. Holsteu Read, of Georgetown, S. C.: “My reasons for 
voting ‘no’ on the question of adopting the constitution as a whole is, I bavejaeen 
from the beginning opposed to the understanding clause in the article on suffrage; 
believe it will be upset if tested in the United States court; believe that it opens 
the door to fraud, and think it unnecessary, inasmuch as other provisions in the arti¬ 
cle are beyond suspicion of unfairness will accomplish the desired end, securing 
white supremacy. Signed by I. Hoisted Reed.” 

Q. What is Mr. Reed, a Democrat or a Republican?—A. What I have read of him 
I ha»ve read that he is a Democrat. 

Q. What is the impression made on the minus of the citizenship in reference to the 
understanding clause? 

(Counsel for contestee objects on the ground that the question is irrelevant, sim¬ 
ply one of a series of questions leading a biased witness to partisan replies.) 

A. They labored under the impression that a man who could not read but could 
explain, after being read to, would be permitted to enjoy the benefit of the suffrage 
clause, which is the right of a citizen. 

Q. How is the understanding clause applied? Whose hands is it in? 

(Counsel for contestee objects that this questiou is extremely leading.) 

A. In the hands of the registration officers who are known to be all Democrats. 

Q. Being all Democrats, do you mean to say that the colored voter, in giving au 
understanding, had to meet the exactitudes, caprices, and prejudices of a partisan 
judge to enjoy full citizenship? 

(Counsel for contestee objects upon the ground of this question being extremely 
leading.) 

A. I will state that I know of men being called upon to give the meaning of the 
word jurisprudence, hereditary, subsidy, de novo, and many other such class of 
words, who I do not know have ever seen such words until they saw them in the 
constitution of 1895, who having failed to give a definition satisfactory to the three 
Democratic supervisors of registration, were rejected of the right to registering. 

Q. The law provides that the rejected voter can’t take an appeal from the decision 
ot the board of registration to the courts, but what is necessary for him to do so?— 
A. I am well acquainted with that section of the constitution, and am aware to do 
that would take means, which is no less than the poor people fail to have, for they 
can not employ lawyers without money. 

Q. Then for practicable purposes carrying out the plans of the Democratic party, 
the final judgment as to the poor man’s qualifications, especially the colored, remains 
in the hands of who? 

(Counsel for contestee objects on the ground that the question is extremely leadin' 1- 
and entirely irrelevant.) 

A. My knowledge of the constitution of South Carolina is that of fraud and made 
up solely for the purpose of disfranchising the negroes, for it places the franchise- 
ment of the people in the hands of three men who practically have final judgment. 


MURRAY VS. ELLIOTT. 123 

Q. Have you an organization of your party in this district? If so, what relation 
did it bear to the candidacy of George W. Murray? 

(Counsel for contestee objects, upon the ground that the question is extremely 
leading and irrelevant.) 

A. We have an organization in the county of Charleston known as the county 
executive committee, which is composed of the representatives of the various wards 
and precincts throughout the county. We are the supporters of George W. Murray 
for Congress, and did all we coulcl for his election, knowing him to be the only colored 
Representative in Congress of the negro race of America. 

Q. You are quite a taxpayer of your county, are you not? 

(Counsel for contestee objects on the ground of irrelevancy.) 

A. I am; I guess I pay tax on several thousand dollars. 

Q. Do you desire to make any further statement?—A. It is optional to the counsel 
on the other side. 

Cross-examined: 

Q. You spoke of applying to Mr. Schmidt to obtain Republican representation at 
the various precincts and polls in Charleston County, and you stated he was an influ¬ 
ential Democrat. What position does he hold in the Democratic party in Charles¬ 
ton ?—A. Mr. Schmidt was an administration man, being a member of the Reform 
party. 

Q. Was Mr. Schmidt on the board of the Federal managers in Charleston 
County?—A. He was not; but he had more influence with that board than I. Two 
years ago I in person called on a member of the board of the Federal commissioners 
and asked for representation at the various precincts on the board of managers, and 
applied also of said board of managers through the mail and failed to get represen¬ 
tation. I thought to apply this time to influential members as well as to the board, 
but my applying availeth uot. 

Q. Did you have any trouble in obtaining your registration certificate?—A. All I 
had to do was to hold my place in the line, and waited until I was told by the police 
to enter the office, and after place myself at the disposal of the supervisors, present¬ 
ing my tax receipt, which was large in size, I was requested to sign my name, give 
my post-office address, and I was made a citizen and no further question was asked. 

Q. Yon are a Republican and a colored man, are you not?—A. I have never been 
anything else but a Republican, and I am a colored man; am African descendant. 

Q. Did you have any difficulty in voting?—A. None in November last. 

Q. You have testified at very great length concerning the administration of the 
registration law, in all its phases, as to the conduct of the officials. Have you not 
been employed during the past forty days, in which testimony has been taken in the 
contest between Murray and Elliott, as a constable to obtain witnesses for Murray?— 
A. I have not. I have not been employed by Air. Murray nor no one else. It is my 
happy lot to serve the people of Charleston gratuitously; I remember serving the 
people of Charleston as a city school commissioner, and have not been compensated 
a penny for two years, and feel it now my duty that I should do something for my 
people, a downtrodden people of the Republican party. 

Q. You have, then, been serving the people of Charleston for the last forty days 
gratuitously, in obtaining witnesses and serving notices of the taking of deposi¬ 
tions of witnesses, and doing other work of a like nature in the interest of Murray ?— 
A. I have not only given my time for the last forty days, but have attended the 
registration office, in aid of my people, every day that it has been opened, previous 
to the last six weeks, for registration. I am willing always to aid my people, in per¬ 
son or funds. 

Q. Did you ever make any application as a representative of the Republican party 
to the Federal commissioners of Charleston County, as a board, to obtain represen¬ 
tation on the board of managers?—A. I did; it was shortly after seeing the appoint¬ 
ment of the commissioners by the governor. 

Q. How many does that board consist of?—A. It should consist always of three 
members. 

Q. Did you not see it stated in the News and Courier that if application was 
made to the Federal commissioners as a board that they would appoint representa¬ 
tives of the Republican party on the board of managers?—A. I don’t remember 
seeing it. 

Q. Did you ever call on more than one member of the board of commissioners?— 
A. In person I did not. 

Q. Do you know of any Republican who did?—A. I do not; all I know is that 
General Purvis and myself called on Mr. Schmidt and left with him a list of names 
for the various persons to be appointed to the several precincts as managers. 

Redirect examination: 

Q. Was any member of this board of Federal commissioners subpoenaed to be 
present to attend this reference? 


124 


MURRAY VS. ELLIOTT. 


(Counsel for contestee objects upon tbe ground that the question is not in reply to 
any question in the cross-examination.) 

A. Yes, two; Thayer and Grice. I called at the bank, and, he not being there, I 
called at the residence of Mr. Thayer and left him a subpceua, which is 25 Meeting 
street. I then went to the Northeastern Railroad freight depot aud handed Mr. 
Grice his subpoena; he read it, and turned it back to me, saying that Mr. Grice had 
gone away. I asked him if he was not Mr. Grice, and he said no; that Mr. Grice 
had gone away. I then went to his residence in St. Phillips street, and sent it in. 
I am acquainted with Mr. Grice; I have had business with him. 

J. L. C. Smalls. 


Sworn to before me this 23d day of February, 1897. 

[l. s.] H. W. Purvis, Notary Public. 


Rev. J. L. DART, sworn: 

By Mr. Myers : 

Q. Give you age, residence, and occupation.—A. Rev. J. L. Dart; age, 43; live, 23 
Morris street; by occupation a preacher. 

Q. Have you any knowledge of the workings of the new constitution, especially 
that part relating to the elective franchise, or what is generally known as the 
suffrage clause?—A. Well, so far as I have been able to judge, that clause of the con¬ 
stitution has operated against the colored people in the State; and I think that 
clause has succeeded in accomplishing the end designed by those who proposed it— 
the disfranchisement of the bulk of the colored people of the State—that was the 
end aimed at. 

Q. United States Senator Tillman, as a member of the constitutional convention, 
said, among other things, that “No white man should be disfranchised except for 
crime; that was the guiding star that actuated my entire purpose and action.’ 7 To 
what extent has this sentiment been made a part and parcel of tbe execution gf the 
registration law? 

(Counsel for contestee objects to counsel for contestant stating what anyone else 
has said, as it has not been proven that he used the words attributed to him. By 
this method of proceeding counsel is deprived of his right of cross-examination; 
further, that the question is wholly irrelevant.) 

A. My belief is that has been the controlling motive or principle in the action of 
all the registration officers in the State; that, without a doubt, has beeu the action 
of all of them in the State. No white man has been disfranchised in the State. 
Tillman sounded the tocsin when he said that no white man should be disfranchised. 
It is the most outrageous act ever passed. I told the people of Philadelphia that 
two weeks ago in a meeting. 

Q. What interest was manifested by the colored citizens, so far as you know, in 
efforts to qualifying themselves in the exercise of voting? 

(Counsel for contestee objects on the ground of irrelevancy.) 

A. So far as I know and have observed, the colored people manifested a deep 
interest in the question or matter of voting under the new constitution or registra¬ 
tion law, and many of them made earnest efforts to be registered and to be qualified 
to vote, but were denied the privilege. I have men in my church who have made 
efforts again and agaiu in trying to be registered, but have been denied the right; 
rejected in many instances because they did not have poll-tax receipts. 

Q. Do the colored people of your section, contributing as they do in large num¬ 
bers to the Republican party, occupy any standing as property holders, business 
men, and in the industrial pursuits? 

(Counsel for contestee objects to this question upon the ground that it is extremely 
irrelevant and very leading.) 

A. Yes; I think they do occupy some standing on the lines indicated, sufficient to 
have or secure more political recognition than they do get. 

Cross-examination: 

Q. How many times were you at the registration office?—A. I suppose half dozen 
times or more. 

Q. You mean to say that you were in the registration office itself a half dozen 
times?—A. Well, I don’t know that I was in the office a half dozen times. I have 
been in the office more than once, and I have been at the office a half dozen times, 
aud around and about the office a half dozen times, and have heard those about the 
office say all that 1 have stated, who had come directly out of the office, state these 
things. 

Q. It would appear from your answer, as taken down by the notary, that you had 
been at the registration office on twelve different occasions. Is that what I understand 
you to say?—A. I have been more than twelve different occasions. You can say a 


MURRAY YS. ELLIOTT. 


125 


hundred times. I stopped there every day when down town, and men told me how 
they drove them out of the office. This was when the office was opened. 

Q. Will you tell me exactly how many times you were in the office where the reg¬ 
istration certificates were made out?—A. I have been there two or three times, I 
suppose. 

Q. How long did you remain in the office on the two or three occasions you were 
there?—A. I don’t know how long; some little time. Long enough to see colored 
men refused to register upon the ground that they could not read some clause of the 
constitution satisfactory. 

Q. You have testified as to the conduct of the registration officers generally in 
this State; there was at least 36 registration offices in the State of South Carolina, 
where registration took place under the new constitution. In how many have you 
ever been ?—A. I only had business in one, the one right here; it was not necessary for 
me to go to every one to find out what was done; the outcome has proven what motive 
has guided them, or t he result—having every white man registered. 

Q. Will you just state distinctly in how many registration offices you have ever 
been ?—A. Only one; but what I have said before holds good; let every white man in 
and disfranchise the negro. 

Q. Did you have any difficulty in obtaining your registration certificate?—A. Not 
a bit. I am not talking for myself, but for my race. 

Q. Did you have any difficulty in voting?—A. No; never did have in my life. 

Q. You are a Republican and a colored man, are you not?—A. I am a Republican 
colored man. 

J. L. Dart. 

Sworn to before me this 23d day of February, 1897. 

[seal.] H. W. Purvis, Notary Public. 

AY. S. MONTGOMERY, sworn: 

By Mr. Edwards : 

Q. Give your name, age, residence, and occupation.—A. W. S. Montgomery; age, 
30; lives 105 Smith street; a school-teacher. 

Q. Do you occupy any other position ?—A. I am a notary public. 

Q. As notary public, did you probate any papers at Awensdaw Bridge with refer¬ 
ence to the last election?—A. Yes. 

(Counsel for contestant hands witness a batch of papers and asks if he identifies 
them as the papers which he proved.) 

A. Yes, sir; these were all signed by me. 

Q. How many of them are made on the blank form known as No. 1?—A. There 
are seventeen of them. 

Q. How many of them are made on the blank form known as No. 2?—A. There 
are twenty of them. 

(Counsel for contestant now offers in evidence the seventeen affidavits on blank 
No. 1 and the twenty affidavits on blank No. 2, just testified to, and ask that they be 
marked as “ Exhibit S. ” 

Counsel for contestee objects to the introduction of these affidavits upon the 
ground that the affiants themselves are the proper persons to testify and should be 
called as witnesses; second, that they are not in response to any of the allegations 
in the notice of contest; third, that by this mode of proceeding the contestee is 
deprived of the right of cross-examination; and further, these affidavits did not come 
from the possession of the notary.) 

Cross-examination: 

Q. You have been employed during the present contest between Murray and 
Elliott as a notary public to take testimony on behalf of Murray, have you not?— 
A.* Yes. 

Q. You were employed in a similar capacity two years ago, were you not?—A. 
Yes. 

W. S. Montgomery. 

Sworn to before me this 23d day of February, 1897. 

j- Lt s i H. W. Purvis, Notary Public. 

Exhibit S. 

Blank No. 1. 

State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age 21, male resident of the 
voting precinct Awensdaw and legally qualified to register and vote therein, did, on 
this the 3d day of November, 1896, present himself at the said voting precinct to 




126 


MURRAY VS. ELLIOTT. 


vote for Geo. W. Murray, the Republican candidate for Congress in the First district 
of said State, desiring and intending to vote for the said Geo. W. Murray, and, upon 
his attempting to so vote, was denied the right to so vote, and his vote thus ottered 
to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration, under the laws ol South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and he further states that if he had been permitted to register and to 
vote at said election he would have voted for Geo. W. Murray, the Republican can¬ 
didate for Congress in said district. 

And the undersigned further states that he is qualified even under the present 
constitution, as he can read and write, as evidenced by the fact that he signs this in 
his own handwriting. 

Toby Grant. 

Witnesses: 

William Green. 

Elias Coxsam. 

Personally appeared Toby Grant and made oath that the above statement is 
correct. 

[seal.] W. S. Montgomery, Notary Public . 

Awensdaw, S. C., November 26, 1896. 

[Sixteen affidavits same as above, signed and witnessed, filed with this exhibit.] 

Blank No. 2. 

State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct Awensdaw, and legally qualified to register and vote therein, did, 
on this the 3d day of November, 1896, present himself at the said voting precinct to 
vote for Geo. W. Murray, the Republican candidate for Congress in the First district 
of said State, desiring and intending to vote for the said Geo. W. Murray, and, upon 
his attempting to so vote, was denied the right to so vote, and his vote thus offered 
to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and he further states that if he had been permitted to register and to 
vote at said election, he would have voted for Geo. W. Murray, the Republican can¬ 
didate for Congress in said district. 

Desaw (his x mark) Middleton. 

Witnesses: 

Toby Grant. 

A. P. Mangault. 

Personally appeared Desaw Middleton and made oath that the above statement is 
correct. 

[seal.] W. S. Montgomery, Notary Public . 

Awensdaw', S. C., November 26, 1S96. 

[Nineteen affidavits, same as above, signed and witnessed, filed with this exhibit.] 


J. B. EDWARDS, Esq., sworn: 

By Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. J. B. Edwards; age, 39; 
live 10 Rosemount street, Charleston; an attorney at law. 

Q. Did you represent Geo. W. Murray, the contestant in this cause, before any of the 
election boards, in reference to the election of November last?—A. I did, before the 
county board of Congressional canvassers for Charleston County; also, before the 
State board of canvassers. 

Q. Did you have a full and fair opportunity to present before the county board 
your views or grounds of contention in behalf of your client? If not, why?—A. I 
did not have a fair opportunity before the board of county canvassers for Charles¬ 
ton County, because they selected a most unusual hour for the purpose of their meet¬ 
ing. On the morning of the day that they expected to canvass the vote, about 9 
a. m. I received information that the board had met and adjourned. About a half 
hour later I called on Mr. J. H. Thayer, one of the tellers of the bank of Charleston 
National Banking Association, who was the chairman of the board of countv canvas- 


MURRAY VS. ELLIOTT. 


127 


sers for Federal election in Charleston County. I ascertained from him that the 
board had convened about 8.30 a. m. that day, canvassed the vote, made up their 
returns, and had adjourned sine die. A little later, upon receipt of a message from 
Mr. Thayer, I called on him again. He then informed me that he had received a 
letter and a telegram from Colonel Elliott, the contestee in this case, stating that 
he would like to be present at the meeting ot the board, and asking if they would not 
convene before he arrived; that by reason of that letter and telegram he had tele¬ 
phoned to the other members of the board to meet him about 1 o’clock, at the Hiber¬ 
nian Hall, and that they would reconvene, stating at the same time that he would 
like to have me present. At 1 o’clock they did reconvene, at which time I was 
present, along with others, Colonel Elliott being also present. He then stated that 
the board had met in the morning, concluded its work, had deposited in the mail the 
returns and other papers required to be sent that way, addressed to the secretary of 
state, and had tiled the returns required to be iiled with the clerk of the court of the 
county, and had sealed up the other packages and delivered them to the special mes¬ 
senger who had been delegated to take them to Columbia. They had recalled all of 
these papers, exhibited them on the table, broke the seals of the packages that had 
been sealed, and stated they werelhen ready to recanvass the vote. 1 then stated that 
we could not consent to such a proceeding, and protested against their reopening 
and attempting to recanvass the vote. Upon our protest, and Colonel Elliott stat¬ 
ing that he had nothing to say, after some deliberation they concluded not to 
recanvass the vote, resealed the packages, and adjourned. We then served them 
with a notice of appeal and went to the State board. 

Q. Having made their returns, placed them in the proper channels for delivery, at 
their first and early meeting adjourning sine die, am I to understand you contend 
that they were functus ofiicio so far as it relates to the canvassing of theVotes of the 
last election?—A. That was my contention, it is the first grounds of my protest 
which was filed with that board, and the fifth ground of my notice of appeal that 
was filed with the State board. 

Q. Is it or not customary in this State for boards of Federal canvassers to meet at 
so early an hour?—A. It is not customary. 

Q. Have you the law on that fresh in your mind now?—A. My recollection of the 
law is that they are required to meet before 1 o'clock on the first day. I have had 
occasion to appear before four boards of county canvassers of Federal elections before 
this, and I have never known them to meet earlier than 10 o’clock; usually on the 
first day they meet at 12 m. 

Q. In the eighth ground of the notice of contest, served by Mr. Murray, it is 
charged that there is no legally appointed board of Federal commissioners for the 
county of Charleston. What are the facts or legal phase bearing on this allega¬ 
tion?—A. As I remember the law the governor is required to appoint three persons, 
thirty days prior to the election, to be known as commissioners of Federal election. 
As I remember the facts one of the persons appointed as a commissioner of Federal 
elections for Charleston County was not eligible to the position and therefore did not 
qualify at the time to serve pending the appointment of a third man. The two who 
were eligible organized themselves into a board, appointed the managers, and made 
all necessary arrangements for holding the election; the third man was appointed to 
fill this vacancy on or about Friday, the 30tli day of October, 1890, or just four days 
prior to the election. 

Q. Was that after all the duties of the board had been performed so far as getting 
the election machinery in motion?—A. I think it was; I know that the managers 
had been appointed, because the list had been published, and I seen some of the boxes 
for the country precincts being sent out before Friday, the 30th. 

Q. Do you know the name of the third man who had been appointed on the Fri¬ 
day before the election?—A. His name was Grice. 

Q. Now name the man who was ineligible, if you know.—A. His name was 
Muckenfuss, a member of the county board of control. 

Cross-examination: 

Q. Did you not request the State board of cauvassers to order the county board 
of canvassers for Charleston County to reconvene for the purpose of hearing your 
protest?—A. I can not answer that question directly; in order to answer it 1 shall 
have to make a statement of the position that I took before the State board of can¬ 
vassers. I contended there that there was no legal board of Federal commissioners 
or canvassers for Charleston County, but I stated to the State board that if they did 
not agree with me in that view, but held that there was a legal board in this county, 
then 1 asked them to remove the case, and require to hear our protest. 

Q. Did not the representatives of the Republican party, J. L. C. Smalls, Congres¬ 
sional county chairman, and John Hurnhorn, appeal to Grice, as a member oi the 
board of Federal commissioners, to allow the Republican representatives on the 
board of managers?—A. I don’t know. 


128 


MURRAY VS. ELLIOTT. 


Q. Do you know such facts have been testified to during this examination? A. I 
can’t sav that I do, as I did not examine Smalls or Hurnhorn. 

Jno. B. Edwards. 

Sworn to before me this 23d day of February, 1897. 

[l. s.] H. W. Purvis, Notary Public. 

State of South Carolina: 

In the matter of contest between George W. Murray, contestant, and William Elliott, 

contestee, for a seat in the Fifty-fifth Congress of the United States from the 

First Congressional district of South Carolina. 

At a hearing in the above-stated case at Wadmalow Island, near Enterprise Land¬ 
ing, in the county of Charleston, in the State aforesaid, before H. W. Purvis, notary 
public, on the 19th day of February, 1897, at which were present W. F. Myers, esq., 
representing contestant, and W. T. Logan, esq., representing contestee, the follow¬ 
ing witnesses on the part of the contestant were examined, and the said witnesses 
testified as follows: 

CHARLES ROBINSON, a witness of legal age, produced by contestant, upon due 
notice to contestee, being duly sworn, deposes as follows: 

Q. Give your name, age, residence, and occupation.—A. Charles Robinson; age, 
30; lives on Wadmalow Island; a farmer. 

Q. Where were you on election day, 3d of November last, and what were you do¬ 
ing there?—A. I was at Enterprise polling precinct, at the Federal poll, on the 3d of 
November, 1896; I was there taking the affidavits of those who offered to vote for 
George W. Murray and were rejected by the managers to whom they offered to vote 
forG. W. Murray. 

Q. Those who offered, did they vote?—A. They did not vote. 

Q. Why?—A. Because they were rejected as not having registration certificates. 

Q. After being rejected, what did they do?—A. They came then to us, who had 
the blanks, and stated that they had offered to vote for George W. Murray and had 
been rejected, and desired to make an affidavit of the fact, which they did, signing 
their names to said affidavits. 

Q. Did anybody else sign those affidavits; and if so, in what connection?—A. They 
were witnessed by B. J. Hart and J. H. Patterson. 

Q. Did these rejected voters know the nature of the papers they were signing?— 
A. They did. 

Q. Was there any interest manifested by the people of your precinct in trying to 
get registration certificates ? 

(Counsel for contestee objects upon the ground that the question is irrelevant, as 
the answer it solicits is not in response to a ay of the allegations in the notice of con¬ 
test.) 

A. There was, on this ground: On the day that was appointed to go to the regis¬ 
tration poll at Enterprise precinct, the people all met there in full, not knowing that 
they had changed it from Enterprise precinct to Harry Jenkins’s store, which is 
about 4 miles from the designated place. Then, after hearing, they went there, 
and after getting there they were trying to get their registration certificates, by 
which means they were objected by not being able to comply with the constitution, 
of the several questions which they were asked. 

Q. What were the tests put to the Republicans by the registration officers?—A. 
They were given the constitution to read, and those who read it were asked ques¬ 
tions, and if they could not answer the questions they were rejected. Therefore they 
did not receive a certificate. 

Q. Did these men or any of them have their poll-tax receipts?—A. They did; and 
it was the first thing they presented when they went to register. 

Q. What time was allowed at this precinct for registration ?—A. Only one day was 
allowed, but they did not occupy the whole day. They closed at 3 o’clock p. m. I 
can’t say when they commenced, as I was at Enterprise, where I expected to meet 
them. 

Q. Those Republicans who did not or could not apply the day fixed for your pre¬ 
cinct, where did they have to go to get a registration certificate?—A. It was not 
designated, but they would have to go to Charleston City. 

Q. How far would they have to go to get to the county seat?—A. About 45 miles. 

Q. How many voters have you at this precinct?—A. About 500 or more. 

Q. What political party is in the majority at this poll if all the citizens were allowed 
to vote ? 

(Counsel for contestee objects on the ground that the question is extremely lead¬ 
ing and is not in response to any of the allegations in the notice of contest.) 

A. The Republicans are in the majority. 


MURRAY VS. ELLIOTT. 


129 


Q. Of what party were the board of managers at the Federal poll on election day? 

(Counsel for contestee objects upon the ground that the question is irrelevant to 
any of the allegations in the notice of contest.) 

A. They were of the Democratic party. 

Cross-examination: 

Q. How long have you been a Republican?—A. I was born a Republican, been 
one all my life. 

Q. You have always taken a great interest in Republican elections, have you 
not ?—A. I have, from the day that I knew of the Republican party, and the day 
that I was able to vote I took an interest in it. 

Q. In other words, you are a regular old time Republican politician?—A. No, sir; 
I am not an old time politician, I never was out stumping, but simply that I have an 
interest in my privilege. 

Q. The city of Charleston is the county seat of Charleston County, is it not?—A. 
It is. 

Q. All persons who could not register at the Enterprise precinct were obliged to 
go to Charleston to get their registration certificates, were they not?—A. They 
were. 

Q. All persons who could not read the constitution and answer questions, when 
asked, were rejected, were they not?—A. They were. 

Q. When you say that a voter offered to vote for G. W. Murray, you mean simply 
that he went up to the poll to try and cast a ballot, do you not?—A. I do. 

Q. When you say that there are 500 voters in this place, you mean 500 persons of 
voting age, do you not?—A. I do. 

Charles Robinson. 

Sworn to before me this 19th day of February, 1897. 

[l. s.] H. W. Purvis, Notary Public. 


J. H. PATTERSON, sworn: 

By Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. J. H. Patterson; age, 35; 
live at Wadmalaw Island; a farmer. 

Q. Where were you on election day, 3d of November last, and what were you 
doing there?—A. I was at Enterprise precinct, at the Federal poll. I was taking 
the affidavits of those who offered to vote for George W. Murray. 

Q. What did you do with those affidavits?—A. I signed them. [Counsel hands 
witness a bundle of papers and asks him if he identities them.] I identify them as 
affidavits of those who offered to vote for G. W. Murray, which I witnessed in con¬ 
nection with B. J. Hart and Charles Robinson. 

Q. How do you know that these men offered to vote and were rejected?—A. 
Because they brought their tickets back in their hands, and said they went to vote 
for G. W. Murray. 

Q. What do you know about their rejections and offering to vote and being 
rejected?—A. I was there and could hear and see. 

Q. You say that you know these papers?—A. Yes, sir. 

Q. What are they?—A. They are the affidavits that I witnessed with B. J. Hart on 
the 3d day of November, in number 312. 

Q. What has each one attached to it?—A. A ticket of G. W. Murray that was 
offered that day. 

(Counsel for contestant files in evidence the said 312 affidavits as Exhibit Q. 

Counsel for contestee objects to the introduction of these affidavits upon the 
grounds, first, that the affiants themselves would be the best evidence and should 
be called as witnesses; second, that they are not in response to any of the allega¬ 
tions in the notice of contest; third, that by this mode of proceeding contestee is 
deprived of the right of cross-examination, and further, they did not come from the 
possession of the notary.) 

Q. Did you vote, or offer to vote on last election day?—A. I did offer to vote, but 
did not vote; I offered to vote for G. W. Murray. 

Q. Why did you not vote?—A. Because I had no registration certificate. 

Q. Did you make application for a registration certificate?—A. I did. 

Q. Did you have your poll tax?—A. i did; it was the first thing I presented. 

Q. Why was you rejected?—A. Because they claimed I could neither read or 
write. 

Q. On being rejected, what did you do?—A. I justcame away and I made an affi¬ 
davit. 

Q. What kind of an affidavit; what did it relate to? 

(Counsel for contestee objects on the ground that the question is extremely lead¬ 
ing.) 


17745-9 



130 


MURRAY VS. ELLIOTT. 


A. That I was before tlie hoard of registrars and was refused registration. 

Q. That was as to registration. What about the election? 

(Counsel for contestee objects upon the ground that the question is extremely 
leading.) 

A. I made the application to certify that I desired to vote for G. W. Murray. , 

Q. Are you a citizen and taxpayer on this island?—A. Yes, sir; I jtay taxes on per¬ 
sonal property. 

Cross-examination: 

Q. How long have you been a Republican?—A. Fourteen years. 

Q. You have always been a Republican politician ?—A. I am no politician, but only 
interested in the Republican party here. 

Q. You have held positions in Republican county politics in several elections, have 
you not?—A. About four. 

Q. Do you mean to say that you were stationed near enough to the poll to hear 
what passed between the managers and the voters ?—A. I Avas, sir. 

Q. That was for every voter ?—A. Yes. 

Q. Did you hear what went on between every voter and the managers?—A. I could 
not say that I could hear what everyone said or the question between everyone. 

Q. In other words, while you were in a position to hear what went on between the 
managers and the voter, you did not do so. Is not that what you mean?—A. That I 
did not hear from all of them. 

Q. How many times did yon try to get registered?—A. I tried twice. 

Q. How much writing did the supervisor of registration ask you to do?—A. No 
writing. 

Q. You lied just now, then, when you said you were rejected because you could 
not read or write?—A. I could not read or explain. 1 read from the first to the 
eighth section, and they were perfectly satisfied, and they had my registration certifi¬ 
cate wrote out, and because I told them simply that they would disappoint a good 
deal of the people to-day, because they looked for them at Enterprise, and Mr. Lofton 
took my certificate and fore it up, and said I must meet him in the court. 

Q. Did you take an appeal from the action of the board of supervisors in refusing 
to register you?—A. I did not. 

Q. At what places did you try to get registered?—A. At Mr. Harry Jenkins store. 

Q. When you say you offered to vote for Murray, do you mean that you told the 
managers who you wished to cast your ballot for?—A. I did not, sir. 

Q. What time was it when you went to the registration office?—A. In July, I 
think. 

J. H. Patterson. 

Sworn to before me this 19th day of February, 1897. 

[l. s.] H. W. Purvis, Notary Public. 

Exhibit Q. 

Blank No. 2. 

State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age 21, male resident of the vot¬ 
ing precinct Enterprise, and legally qualified to register and vote therein, did, on 
this the 3d day of November, 1896, present himself at the said voting precinct to 
vote for Geo. W. Murray, the Republican candidate for Congress in the First district 
of said State, desiring and intending to vote for the said Geo. W. Murray, and, upon 
his attempting to so vote, was denied the right to so vote, and his vote thus offered 
to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration, under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and he further states that if he had been permitted to register and to 
vote at said election, he would have voted for Geo. W. Murray, the Republican can¬ 
didate for Congress in said district. 

Plenty (his x mark) Green. 

Witnesses: 

J. H. Patterson. 

B. J. Hart. 

Personally appeared Plenty Green and made oath that the above statement is cor¬ 
rect. 

[seal.] H. W. Purvis, Notary Public. 

Wadmalaw Island, S. C., December 30, 1896. 

[One hundred and sixty-nine affidavits, same as above, signed and witnessed, filed 
with this exhibit.] 


MURRAY VS. ELLIOTT. 


131 


Blank No. 1. 

State of South Carolina, Charleston County: 

Tliis certifies that the undersigned, being over the age 21, male resident of the 
voting precinct Enterprise, ot \\ aid —, and legally qualified to register and vote 
therein, did, on this the 3d day ot November, 1896, present himself at the said vot- 
^8 precinct to \ ote tor Geo. W. Murray, the Republican candidate for Congress in 
the t irst district of said State, desiring and intending to vote for the said Geo. W. 
Muriay, and, upon his attempting to so vote, was denied the right to so vote, and 
his vote thus ottered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration, under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and he further states that if he had been permitted to register and to 
vote at said election, he would have voted for Geo. W. Murray, the Republican can¬ 
didate for Congress in said district. 

And the undersigned further states that he is qualified even under the present 
constitution, as he can read and write, as evidenced by the fact that he signs this in 
his own handwriting. 

„ T . Sam’l Hart. 

\\ ltnesses: 

J. H. Patterson. 

B. J. Hart. 

Personally appeared J. H. Patterson and 13. J. Hart and made oath that the above 
statement is correct. 

[seal.] H. W. Purvis, Notary Public . 

Wadmalaw Island, S. C., February 19, 1S97. 

[One other affidavit, same as above, signed and witnessed, filed with this exhibit.] 

B. J. HART, sworn: 

Examined by Mr. Myers: 

Q. Give your name, age, residence, and occupation.—A. B. J. Hart; age, 37; live 
at Wadmalow Island; a farmer. 

Q. Where were you on election day, 3d of November last, and what were you 
doing there ?—A. I was at Enterprise precinct, Federal poll, acting as witness on 
affidavits of rejected voters who offered to vote for George W. Murray. 

Q. Was there anyone else who acted as a witness that day to those affidavits?— 
A. Yes, sir; Jas. Patterson. 

Q. Those who made the affidavits knew the nature of the papers?—A. They knew 
they were trying to vote for G. W. Murray, and these papers set forth the fact that 
they tried to get registration certificates and were rejected. 

Q. Do you identify these papers?—A. Yes; I identify all of them; my hand was 
on every one of them; there is 312 of them. 

(Counsel for contestant handing the witness the exhibit.) 

Q. When did you witness these affidavits?—A. On the 3d day of November, 1896. 

Q. What attachments are these?—A. They are the tickets for G. W. Murray, 
brought by the voters who were rejected, who had offered to vote these same tickets. 

Q. How do you know they offered to vote for Murray and were rejected?—A. I 
saw them going up to the polls and come back and make affidavits. I was about 30 
yards from the polls. 

Q. Was your near enough to see and hear what was going on?—A. I was. 

Q. Are you sure about the distance?—A. Yes, sir. 

Q. Did you vote on election day? If not, why?—A. No, sir; I did not vote; was 
rejected because I had no registration certificate. 

Q. Did you ever make application for a certificate?—A. I did, but I could not 
answer questions after reading the constitution. 

Q. Do you know anything of the conduct of the registration officers in reference 
to colored applicants?—A. I know as to my brother John. He went up just after 
me, and ho showed his tax receipt, and they looked over the tax receipt and gave him 
the constitution to read, and the old gentleman who held the constitution to him to 
read was so nervous that my brother told him that the book was shaking too much, 
and asked him to give it to him or let him read his own, as he could not see the 
print. The old man, one of the supervisors, told him no, he would not, and threw 
the tax receipt back to him and told him to let another one come. 

Q. You said you read and was rejected. Did you show your poll-tax receipt?— 
A. Yes, sir; I presented my poll-tax receipt. 

Q. Are you a taxpayer for anything else than your poll?—A. I am. I pay taxes on 
real estate and personal property. I pay taxes on about $1,500 worth of property. 


132 


MURRAY VS. ELLIOTT. 


Q. What else are you engaged in besides farming?—A. Run a truck farm; have 
a gin house and gins. 

Q. have you any business connections with business houses outside ot this State 
A. I have in New York. 

Q. You are reputed to be among the most substantial farmers of your section. 
What have you to say to that?—A. 1 do plant more than most of them. 

(Counsel for contestee objects that the question is irrelevant and this is not the 
proper method to prove the standing of the witness, and also the question is 
extremely leading.) 

Q. Being a taxpayer and prominent planter of your section, to what do you attrib¬ 
ute your rejection by the supervisor of registration ? 

(Counsel for contestee objects, on the ground that it is extremely leading and 
entirely irrelevant.) 

A. I can't say why he rejected me; I would say simply that they did not want me 
to have a certificate*; I believe it was on account of my color. 

Cross-examination: 

Q. How long have you been a Republican ?—A. Ever since I had sense enough to 
vote a ticket and was entitled to A r ote. 

Q. How many times have you held positions in the county politics?—A. Never; at 
no time. 

Q. Have you never been a rallier?—A. No, sir. 

Q. You say you were rejected because you could not explaiu the constitution?—A. 
Yes, sir. 

Q. Did you take an appeal from the action of the board of supervisors in refusing 
you registration?—A. No; I did not. 

Q. Your brother John, concerning whose visit to the registration officer you testi¬ 
fied to at some length, is dead, is ho not?—A. Yes; he is dead. 

Q. For how much is the large property, worth $1.500.1 think you said you owned, 
mortgaged for?—A. My property is not mortgaged; only a piece. 

Q. You know any colored men who were refused to be allowed to vote who had 
registration certificates?—A. I knew none; all those who were refused had none. 

B. J. Hart. 

Sworn to before me this 19th day of February, 1897. 

[seal.] H. W. Purvis, Notary Public . 

State of South Carolina. In the matter of contest between George W. Murray, con¬ 
testant, and William Elliott, contestee, for a seat in the Fifty-fifth Congress of the 

United States from the First Congressional district of South Carolina. 

At a hearing in the above-stated case, at 110 Church street, in the city of Charles¬ 
ton, county of Charleston, and State aforesaid, before H. W. Purvis, notary public, 
on the 22d day of February, 1897, at which were present W. R. Myers, esq., repre¬ 
senting contestant, and W. T. Logan, esq., representing contestee, the following wit¬ 
nesses were examined and the said witnesses testified as follows: 

MICHAEL WILLIAMS, a witness of legal age, produced by contestant upon due 
notice to contestee, being duly sworn, deposes as follows: 

Q. Give your name, age, residence, and occupation.—A. Michael Williams; age, 
38; live at St. Andrews parish, Charleston County; a farmer. 

Q. Where were you election day, 3d of November last, and what were you doing 
there?—A. I was at the Federal poll at St. Andrews parish; I was assisting in sign¬ 
ing blanks of those who were rejected from voting as a witness to the blanks. 

Q. What kind of blanks were they?—A. They were—I forget the reading of them; 
the jmrpose of them were for Mr. Murray, of those who were rejected from voting for 
Mr. Murray, which I with Mr. Nelson witnessed. 

Q. How do you know that those men had offered to vote for Mr. Murray and were 
rejected?—A. I saw them present themselves with Mr. Murray’s ticket in their 
hands, and after being rejected they came back to the table at which was I and 
Mr. Nelson. Then their name was taken down, they stating that they had been 
refused to vote. 

Q. Who signed those names?—A. Mr. Nelson signed their names, I signino- as a 
witness. ' ® ® • 

Q. What class of names did Mr. Nelson sign?—A. Those who could not sign, Mr. 
Nelson signed their names, and they made their marks. 

Q. What about those who could write?—A. They signed their names themselves. 

Q. Do you identify these papers; if so, what are they [Counsel handing witness 
a bundle of papers] ?—A. Yes, sir. They are the same blanks that were signed on 
that day and which I signed as a witness. I don’t know the amount of them; 436 
of them, but I did not at first remember the number. 





MURRAY VS. ELLIOTT. 


133 


Cross-examination: 

Q. W hat was your position in reference to the Federal poll that day?—A. I went 
to poll my vote, as I am a free voter. 

Q. At what poll was you stationed?—A. At the poll in St. Andrews parish at Brick 
Church. 

Q. Was that a county or State poll?—A. It may be for both, as they always vote 
there. 

0* ^ ere they the only two polls there that day ?—A. Right at that same spot. 

Q. Which one was you stationed nearest to?—A. I was stationed at the one we 
generally vote at—the Brick Church. 

Q. How far was the nearest poll to the two polls just spoken of?—A. About six or 
seven yards difference. 

Q. Were those two polls one a State poll and the other a county poll?—A. They 
might be. 

Q- ^ou did not know the difference between them?—A. Only the one I was sta¬ 
tioned at. That was the Congressional, for Mr. Murray. 

Q. How far was you stationed from that poll?—A. I was stationed six or seven 
yards from that poll. 

Q. How long did you remain in that position?—A. All day. 

Q. Will you describe the building where the voting was held?—A. They had it 
near to a building, but not into a. building. 

Q. Where was it held then?—A. On the ground near the building in a tent. 

Q. Did the voter have to go in the tent to cast his ballot?—A. No, sir. 

Q. V here did he have to go?—A. lip to a shed which was vacant all 'round, and 
the voter had just to go in that shed. 

Q. You were kept pretty busy on election day, were you not?—A. Not so busy that 
I could not look around. 

Q. Do you know what counties compose this Congressional district?—A. Charles¬ 
ton County. 

Q. Do you know Colonel Elliott when you see him?—A. No, sir. 

Michael Williams. 

Sworn to before me this 22d day of February, 1897. 

[seal.] H. W. Purvis, Notary Public. 

ELIJAH NELSON, sworn: 

Examined by Mr. Myers: 

Q. Give your name, age, residence, and occupation.—A. Elijah Nelson; age, 36; 
lives in St. Andrews Parish, Charleston County; a barber. 

Q. Where were you on election day, November 3, hist, and what were you doing 
there?—A. I was at the Brick Church precinct, in St. Andrews Parish; I acted 
that day in taking the blank forms of the men who were rejected that day from 
voting. 

Q. What class of rejected voters were they?—A. They were colored voters who 
presented themselves and offered to vote, and they said if they had been allowed to 
vote they would have voted for Mr. Murray. 

Q. What connection had you with these affidavits?—A. I witnessed them in con¬ 
nection with Mr. Williams and Steven Moultrie, and others. 

Q. What knowledge, if any, had these rejected voters of the papers or affidavits 
they were signing?—A. They understood this, first, that they must have poll-tax 
receipt and registration certificates—they must be able to sign their own name; and 
second, those who could not sign their names but had their poll-tax receipts could 
have their names signed by touching the pen in the presence of witnesses, as shown 
on the blanks. 

Q. Did the rejected voters know what was on the paper they signed? If so, how 
did they know it?—A. Yes. Those who could read, the blank was presented to them 
first, to be read before signing their names; and those who could notread, I read 
the blank to them in the presence of these witnesses. 

Q. Do you identify these papers? If so, what are they [counsel handing witness 
bundle of papers] ? A. Yes, sir; I identify them. They are the blanks of the rejected 
voters—the affidavits that I witnessed with Williams and others. 

Q. How many of them have you there?—A. Four hundred and thirty-six, to my 
knowledge. 

Q. When and where were these papers signed?—A. November 3, 1896, at the Brick 
Church precinct, St. Andrews Parish. 

(Counsel tiles the 436 in evidence, marked “Exhibit R.” 

Counsel for contestee objects to the introduction of these affidavits upon the 
ground: First, that the persons signing blank forms 1 and 2 themselves would be 
the best evidence, and should be called as witnesses; second, that they are notin 


134 


MURRAY VS. ELLIOTT. 


response to any of the allegations in the notice of contest; third, by this mode o 
proceeding the contestee is deprived of the right of cross-examination.) 

Q. What interest, if any, was manifested by the Republicans of your section in 
efforts to secure registration certificates? 

(Counsel for contestee objects to this question upon the ground it is irrelevant and 
not in response to any of the allegations in the notice of contest.) 

A. They came in large numbers to the county seat at Charleston and tried, many 
of them tried, and were rejected. 

Q. Was any time fixed in your precinct to register voters by the board of registra¬ 
tion, and did they go there?—A. The time was appointed first and the voters went 
there by the hundreds. I went myself and the board did not come, and never came 
any other time at my precinct. 

Q. How far is your precinct from the county seat, the headquarters of the board 
of registration?—A. There are two directions. The fartherest point is about 11 
miles and the nearest is about 6 miles. 

Q. Does this distance include the number of miles the voters have to come?—A. 
No, sir; the distance that the voters would have to come would be about 20 miles to 
reach the county seat. 


Cross-examination: 

Q. All of those persons who were not allowed to vote and who signed blank form 
No. 2 could neither read nor write, could they ?—A. They could not. 

Q. How many persons did you see rejected who had registration certificates?—A. 
Not any, that I can remember. 

Q. Did you see anybody that had a registration certificate rejected?—A. No. 

Q. How far was you stationed from the poll on election day?—A. About 20 feet. 

Q. How long were you there?—A. All day, until the poll closed. 

Q. None of those blank forms, neither 1 nor 2, that were taken at Brick Church 
precinct was signed before a notary public, were they?—A. No, sir; not as I know r 
of, yet. 

Q. What position in the Republican party did you occupy on election day?—A. 
To take down these affidavits of the rejected parties—from voting. 

Q. When the supervisors of registration did not open the registration office at St. 
Andrews Parish, that necessitated all voters coming to Charleston to be registered, 
did it not?—A. Yes, sir. 

Q. Brick Church precinct is in the immediate vicinity of Charleston, is it not?— 
A. Yes, sir; not very far; the river divides it from Charleston. 

Q. There are two direct communications with Charleston, are there not?—A. One 
by road and the other by rail. 

0- How far is it by rail?—A. It is about 11 or 12 miles by rail. 

Q. Hoav many by road?—A. Fully the same, as near as I can judge. 

Q. How many times do you sujipose you have come to Charleston by’ way of the 
State road?—A. Many times. 

Q. Yet you don’t know the distance by that way?—A. I don’t know the exact 
distance. 

Q. Did you have any difficulty in voting on election day?—A. None. 

Q. You are a Republican and a colored man?—A. Yes, sir; I am. 

Redirect: 


Q. In measuring your distances as testified to, did you make a distinction between 
the polling place and the precinct ?—A. I made it from the polling place—Brick 
Church. 


Q. Are there any distances that voters have to come from the other side of vour 
polling place? 

(Counsel for contestee objects to this question, as it is not in replv to any question 
asked upon the cross-examination.) 

A. es, sir; the distance is about half; the voters have to come about 8 or 9 miles 
the other side of the polling place. 

Q. When you said on your cross-examination that you did not know of any voters 
being rejected, will you explain why?—A. The rejected voters I was asked about 
because I was engaged in writing the affidavits, was the cause I could not see them! 


Sworn to before me this 22d day of February, 1897. 
[seal.] h. W. 

Exhibit R. 


Elijah Nelson. 
Purvis, Notary Public . 


Blank No. 2. 

State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct Brick Church, St. Andrews, and legally qualified to register and 


MURRAY YS. ELLIOTT. 


135 


vote therein, did, on this the 3d day of November, 1896, present himself at the said 
voting precinct to vote for George W. Murray, the Republican candidate for Congress 
in the First district of said State, desiring and intending to vote for the said George 
W. Murray, and, upon his attempting to so vote, was denied the right to so vote, 
and his vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register, and further states that if he had been permitted to register and to vote 
at said election he would have voted for the said George W. Murray, the Republican 
candidate for Congress in said district. 

Emanuel (his x mark) Bowman. 

Witn esses: 

S. A. Moultrie. 

Elijah Nelson. 

Personally appeared S. A. Moultrie and Elijah Nelson and made oath that the 
above statement is correct. 

[seal.] H. W. Purvis, Notary Public. 

Charleston, S. C., January 22,1897. 

[389 affidavits, same as above, signed and witnessed, filed with this exhibit.] 

Blank No. 1. 

State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct Brick Church, St. Andrews, and legally qualified to register and vote 
therein, did, on this the 3d day of November, 1896, present himself at the said voting 
precinct to vote for Geo. W. Murray, the Republican candidate for Congress in the 
First district in said State, desiring and intending to vote for the said Geo. W. Mur¬ 
ray, and upon his attempting to so vote, was denied the right to so vote, and his vote 
thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration, under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and he further states that if he had been permitted to register and to 
vote at said election, he would have voted for Geo. W. Murray, the Republican can¬ 
didate for Congress in said district. 

And the undersigned further states that he is qualified even under the present con¬ 
stitution, as he can read and write, as evidenced by the fact that he signs this in his 
own handwriting. 

John Thomas Bell. 

Witnesses: 

Michael Williams. 

Elijah Nelson. 

Personally appeared Michael Williams and Elijah Nelson and made oath that the 
above statement is correct. 

[seal.] H. W. Purvis, Notary Public. 

Charleston, S. C., January 22, 1897. 

[Fifty-four affidavits, same as above, signed and witnessed, filed with this exhibit.] 

JAMES FORD, sworn: 

By Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. James Ford; age, 38; live 
in St. Andrews parish, Charleston County; a farmer. 

Q. Did you vote or offer to vote on election day last?—A. Yes, sir; I offered to 
vote with my register, which I had. I offered to vote tor Mr. Murray, but was 
rejected, as they said I did not have the right registration certificate. 

Q. Did you at any time apply for a registration certificate; and if so, where?—A. 
Yes, sir: I came here to Charleston, where they give out the registration certificates, 
and I offered myself, and they gave me the constitution to read, and they rejected 
me, they saying I did not read to their satisfaction, and they told me I must go out. 
And I stood to the door after I went out and I saw dozen or more white gentlemen 
got their registers without reading the constitution. And after the day of election 
came I tried it again, and I was rejected that time again. 

Q. On being rejected on election day, what did you do?—A. I stood there at the 
poll; thought then I would see some efforts made to allow the old register paper to 
go through, as 1 was one of the taxpayers of the county, and while I stood there I 


136 


MURRAY VS. ELLIOTT. 


saw different old men make the attempt to vote with the old registration paper, and 
taxpayers, and they were rejected. They made the oiler to vote tor Mi. Muriaj. 
Then, after I took a few old men hack to Mr. Nelson, who was making out am davits, 
and Mr. Nelson asked them why they could not vote. Because, they said, they had 
no registration paper. They said, I want to vote lor Mr. Murray if tlieie is any 
chance at all. And Mr. Nelson told them here are the blanks; make out youi i ait- 
davits; that will show that you wanted to vote ior Mr. Murray. And they took the 
blanks and tried to read it, and those who said they could not make it out, so Hr. 
Nelson take the blanks and read it to them, and asked them alter reading the blanks 
if they desired him to make out the affidavits for them, and they agreed anil signed 
the blanks. . , 

Q. Did anybody witness the signing?—A. Yes, sir; Williams and Nelson witnessed 

them. 

Q. Did you sign one?—A. Yes, sir; I signed one. 

Q. To make your application for a registration certificate, how far did you have to 
go?—A. In the neighborhood of 20 miles. 

Cross-examination: 

Q. When was it that you went to the registration office?—A. I can’t now remem¬ 
ber the month. 

Q. There is direct communication by railroad from the place you had to come, was 
there not?—A. Yes, sir; can come either way. 

Q. Will you read a section of the constitution for me?—A. Witness refuses to read. 

Q. When you went up to deposit your ballot on election day did you tell the man¬ 
agers for whom you wished to vote?—A. Yes, sir. 

Q. Did all those voters who went up to vote and were rejected, did they say who 
they wished to vote for?—A. Everyone, outside of three white men who voted for 
Mr. Elliott. 

Q. You mean that everyone of those voters told the managers they wanted to vote 
for Murray?—A. Yes, sir; outside of those three white men. 

Q. Were any of those blank forms that were signed at that precinct on election 
day, signed before a notary public?—A. I don’t know. 

Q. Do you know they were not?—A. I don't know. 

Q. How many of those blank forms, No. 2, were read over to the persons who 
signed them?—A. I really can not tell, as I did not sign any of them. 

Q. How far was you stationed from the voting place?—A. About 6 or 7 yards. 

Q. Did you go up with any of the voters who offered to vote—go to the ballot box 
with them?—A. Yes, sir; I walked along behind them. 

Q. Did you stand by them when they offered to vote ?—A. Yes, sir; not in the front 
of them, to the back of them. 

Q. How far were you from them when they offered to vote?—A. About 2 feet. 

Q. You went up with every voter who was rejected and stood 2 feet from him when 
he tried to cast his ballot?—A. Yes, sir; if any, there was a very few that I did not 
go up with, as I thought I could get in my register. 

Q. You were busy then all during election day in trying to vote a fraudulent regis¬ 
tration ticket?—A. I was busy that day trying to get to vote. 

Q. You went up to the polls, from a point 6 or 7 yards off', at least 400 times dur¬ 
ing the day, did you not?—A. Yes, sir. 

<J. How long did you stay at the booth when a voter was trying to vote?—A. I 
stayed there until the poll closed; I stood there until they refused to take him, and 
when he walked off' I walked off* too. 

Q. Who was the managers at that poll?—A. I know one. Mr. Rudolf Stellings. 

Q. Do you know how many counties are in this district.?—A. No, sir. 

Q. Do you know w hich counties they are?—A. No, sir. 

Q. When you were refused registration by the board of supervisors, did you take 
an appeal?—A. No, sir. 

Q. You say you worked on the phosphate rock fields?—A. Very little. 

Q. Will you give me the name of the gentleman who employed you?—A. I refuse, 
sir. 

Q. Where was this phosphate field situated?—A. I worked at different ones. 

Q. About how many different ones have you worked at?—A. Four or five different 
ones. 

Q. Give me the names of any of the gentlemen you worked for.—A. No, sir; I have 
no right to give their names in this thing. This is politics, not phosphate doings. 

Q. You live at Red Top?—A. No, sir. 

Q. You live near there?—A. No; I live a good distance from there. 

James Ford. 


Sworn to before me this 22d day of February, 1897. 

[seal.] H. W. Purvis, Notary Public. 





MURRAY VS. ELLIOTT. 


137 


State of South Carolina, County of Charleston: 

I, H. W. Purvis, a notary public in and for the State of South Carolina, do hereby 
certify that the deponents herein mentioned and duly summoned, to wit, W. A. Mar¬ 
tin, J. R. Cuthbert, Samuel M. Lance, Joshua E. Tention, John C. Clark, R. W. Gibbs, 
A. McIntosh, C. S. Vanderhorst, Pat. Middleton, John Robinson, George Collier, J. A. 
Minges, E. A. Washington,W. J. Fields, W. B. Edwards, H. L. Smalls, I. A. Miller, E.W. 
Williams, W. J. Martin, G. S. Patterson, E. L. Dingle, George P. McClov, William T. 
Deas, E. D. Jones. J. F. Drayton, Geo. E. Brown, J. W. Fenecks, H. B. Noesett, A. H. 
Hamilton, R. Gibbs, Fred E. Rame, S. Green, E. Gourdine, I. M. Johnson, R. J. T. Gib¬ 
son, John F. Hurnliolm, C. McFall, George Moses, W. J. Grant, H. B. Norsett, William 
Thomas, S. M. Brown, C. H. Smith, A. T. Jennings, J. A. Noland, Dr. W. D. Cram, E. S. 
Wingate, W. B. Barrneau. James Robinson, A. T. Claus, J. L. C. Smalls, Rev. J. L. Dart, 
W. S. Montgomery, J. B. Edwards, Chas. Robinson, J. H. Patterson, B. ,J. Hart, Mecail 
Williams, Elijah Nelson, James Ford, and C. P. Cane, all of the above deponents, 
and produced by contestant, personally appeared before me at 110 Church street, in 
the city of Charleston, State and county aforesaid, except Charles Robinson, J. H. 
Patterson, and B. J. Hart, who personally appeared at Enterprise Post-Office, Wad- 
malaw Island, State and county aforesaid, and within the Congressional district 
aforesaid, on the following dates: January 22 to 25,1897; February 2, 3, 4, 5, 6, 8, 9, 
19, 22, 23, 1897; and after being sworn to speak the truth and nothing but the 
truth in the matter of the said contested election gave and subscribed the foregoing 
depositions; that I caused the testimony of said deponents, with the questions pro¬ 
pounded by both contestant and contesteeto be reduced to writing, and in the pres¬ 
ence of the witnesses and counsels, respectively, and caused said testimony to be 
carefully read to deponents before same was subscribed by them; and I further cer¬ 
tify that each and every erasure, substitution, and interlineation that appears in 
any part of the records of the foregoing depositions were made, substituted, or inter¬ 
lined in the presence of deponents and before such depositions were subscribed by 
them or him. 

Witness my hand and seal this 14th day of April, A. D. 1897. 

[sea H. W. Purvis, Notary Public. 

[The following exhibits were inclosed with the foregoing testimony, which the 
printer was unable to properly locate ] 

Exhibit. —St. Andrews Parish. 

Blank Xo. 2. 


State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age of 21, male resident of the 

voting precinct Enterprise, of Ward-, and legally qualified to register and vote 

therein, did, on this the 3d day of November, 189(>, present himself at the said voting 
precinct to vote for Geo. W. Murray, the Republican candidate for Congress in the 
First district of said State, desiring and intending to vote for the said Geo. W. 
Murray, and upon his attempting to so vote was denied the right to so vote, and his 
vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Carolina, 
being entitled to such registration, but had been refused and denied the right to 
register, and further states that if he had been permitted to register and to vote at 
said election he would have voted for the said Geo. W. Murray, the Republican can¬ 
didate for Congress in said district. 

Miles (his x mark) Bradley. 

Witnesses: 

J. H. Patterson. 

B. J. Hart. 


Personally appeared 
correct. 

[SEAL.] 

Wadmalaw Island, 


Miles Bradley and made oath that the above statement is 

PI. W. Purvis, Notary Public. 

S. C., November 3, 1896. 


[Sixty-one affidavits, same as above, signed and witnessed, filed with this exhibit.] 


Blank No. 1. 


State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age 21, male resident of the 
voting precinct Enterprise, of Ward-, and legally qualified to register and \ ote 




138 


MURRAY VS. ELLIOTT. 


therein, did, on this the 3d day of November, 1896, present himself at the said vot¬ 
ing precinct to vote for Geo. W. Murray, the Republican candidate for Congress in 
the First district of said State, desiring and intending to vote lor the said Geo. W. 
Murray, and upon his attempting to so vote was denied the right to so vote, and his 
vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and he further states that if he had been permitted to register and to 
vote at said election he would have voted for Geo. W. Murray, the Republican can¬ 
didate for Congress in said district. 

And the undersigned further states that he is qualified even under the present 
constitution, as he can read and write, as evidenced by the fact that he signs this in 
his own handwriting. 

Jamison Brown. 

Witnesses: 

J. H. Patterson. 

B. J. Hart. 

Personally appeared Jamison Brown and made oath that the above statement is 
correct. 

[seal.] H. W. Purvis, Notary Public. 

Wadmalaw Island, S. C., Dec. SO, 1896. 

[Seventy-eight affidavits same as above, signed and witnessed, filed with this 
exhibit.] 

Exhibit. —St. Phillips and St. Michaels parish. 

Blank No. 1. 

State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the ag*e 21, male resident of th e 

voting precinct St. Philips (of ward-) parish, and legally qualified to register and 

vote therein, did, on this the 3d day of November, 1896, present himself at the said 
voting precinct to vote for Geo. W. Murray, the Republican candidate for Congress 
in the First district of said State, desiring and intending to vote for the said Geo. W. 
Murray, and upon his attempting to so vote was denied the right to so vote, and 
his vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and he further states that if he had been permitted to register and to vote 
at said election he would have voted for Geo. W. Murray, the Republican candidate 
for Congress in said district. 

And the undersigned further states that he is qualified even under the present con¬ 
stitution, as he can read and write, as evidenced by the fact that he signs this in his 
own handwriting. 

Sam Deaisb. 

Witnesses: 

William R. Jackson. 

Sam Williams. 

Personally appeared - -, and made oath that the above statement is 

correct. 

- -, Notary Public. 

-, S. C., November 3, 1896. 

[Sixty-live affidavits, same as above, signed and witnessed, filed with this exhibit.] 


Blank No. 2. 

State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age of 21, male resident of the 

voting precinct St. Philips (of Ward-) Parish, and legally qualified to register 

and vote therein, did, on this the 3d day of November, 1896, present himself at the said 
voting precinct to vote for George W. Murray, the Republican candidate for Con¬ 
gress in the First district of said State, desiring and intending to vote for the said 
George W. Murray, and upon his attempting to so vote was denied the right to so 
vote, and his vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 











MURRAY VS. ELLIOTT. 


) 


139 


to register, and further states that if he had been permitted to register and to vote 
at said election he would have voted for the said George W. Murray, the Republican 
candidate for Congress in said district. 

Adam (his x mark) Wilson. 

Witnesses: 

William R. Jackson. 

Sam Williams. 

Personally appeared-, and made oath that the above statement is 

correct. 

-, Notary Public. 

-, S. C., November 3, 1896. 

[One hundred and twenty-four affidavits, same as above, signed and witnessed, 
filed with this exhibit.] 

Exhibit AA.—Testimony of H. S. Perry. W. S. Montgomery, notary public. 

Blank No. 2. 

State of South Carolina, Charleston County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct two, of Ward 9, and legally qualified to register and vote therein, 
did, on this the 3d day of November, 1896, present himself at the said voting pre¬ 
cinct to vote for Geo. W. Murray, the Republican candidate for Congress in the First 
district of said State, desiring and intending to vote for the said Geo. W. Murray, 
and, upon his attempting to so vote, was denied the right to so vote, and his vote 
thus offered to the x>roper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Carolina, 
being entitled to such registration, but had been refused and denied the right to 
register; and further states that, if he had been permitted to register and to vote at 
said election he would have voted for the said Geo. W. Murray, the Republican 
candidate for Congress in said district. 

H. (his x mark) Darlington. 

Witnesses: 

Henry S. Perry. 

Joshua E. Fention. 

Personally appeared H. Darlington and made oath that the above .statement is 
correct. 

[seal.] J. A. Minges, Notary Public. 

Charleston, S. C., January 6, 1S97. 

[Five affidavits, same as above, signed and witnessed, filed with this exhibit.] 


Notices to take depositions. 

Green Pond, Colleton County, S. C., 

January —, 1897. 

To Wm. Elliott, Contestee: 

Please take notice that I will examine the following witnesses, all of whom reside 
in Colleton County, S. C.,in relation to and touching the matter and things set forth 
in my notice to you that I would contest your right to a seat in the Fifty-fifth Con¬ 
gress" of the United States, to which you claim to have been elected at the general 
election held November 3, 1896, from the First Congressional district of South Caro¬ 
lina, at Green Pond S. C., before H. W. Purvis, a notary public in and for the State 
aforesaid, on January 26, 1897, commencing at 11 o’clock a.m., and continuing from 
day to dav until said examination is completed, to wit: 

.J. F. Brown, D. P. Polite, Plenty Graham, Daniel Fields, S. G. Garrett, M. C. 
Rhett, S. D. Williams, Andw. Nicks; C. Smith, P. V. Heyward, Iv. T. Waring, A. 
Fraser, Daniel Pinckney, Wally Myers. 

Geo. W. Murray, Contestant, 
By W. F. Myers, Attorney. 

Service accepted this 23d January, 1897, at Beaufort, S. C. 

Wm. Elliott, Jr., 

Attorney for Contestee. 







140 


MURRAY VS. ELLIOTT. 


State of South Carolina, County of Colleton : 

Hon. William Elliott, Contestee : 

You Avill please take notice that I intend to take the depositions of R. B. Chisolm, 
D. D. Green, J. W. Washington, James Perkins, Isaac Heyward, Robert Grant, 
Henry Middleton, Samuel Perry, John Meyers, W. M. Singleton, Josh Cain, J. 
Small, M. Bowman, J. L. White, B. Young, J. D. Deveaux, R. B.<Glover, K. Carry, 
Thomas Grant, F. Middleton, Baccns Deveaux, Moses Perry, \\ . B. Scott, ail ot tne 
county of Colleton, at Jackson boro, iu the county ot Colleton, on Ihursday, tne -tn 
dav of January, 1897, at 10 o’clock a. m., who will be examined before H. VV. 1 urns, 
a notary public in and for the State and county aforesaid, or some otliei omi er duly 
authorized by the laws of the United States to take depositions in contested elec¬ 
tion cases, as witnesses on my behalf in my contest of your pretended election as a 
Representative in the Fifty-fifth Congress of the United States from the lust Con¬ 
gressional district of South Carolina, such examinations to continue from daj to day 
until completed. 

Dated at Walterboro, S. C., January 25, 1897. 

W. F. Myers, 

Attorney for Geo. TV. Murray, Contestant. 

Service accepted. 

Howell & Gruber, 

A. McIver Bostick, 

Attorneys for IVm. Elliott. 

January 26, 1897. 

State of South Carolina, County of Colleton: 

Hon. William Elliott, Contestee : 

You will please take notice that I intend to take the depositions ot M. H. Perry, 
M. M. Middleton, T. H. Pinckney. E. J. Furby, O. .T. Jones, Frank Gelzer, S. L. Jones, H. 
Geddis, Paul Jenkins, .Jas. Brown, S. B. Richardson, S. J. Meggett, Samuel Steplight, 
Stephen Deas, Sam Fraser, Lewis Small, D. E. Gordon, P. Ward, Joseph Singleton, all 
of the county of Colleton, at Adams Run, in the county of Colleton, on Thursday, 
the lltli day of February, 1897, at 10 o’clock a. m., who will be examined before H. 
W. Purvis, a notary public in and for the State of South Carolina, or some other 
officer duly authorized by the laws of the United States to take depositions in con¬ 
tested election cases, as witnesses on my behalf in my contest of your pretended 
election as a Representative in the Fifty-fifth Congress of the United States from the 
First Congressional district of South Carolina, such examinations to continue from 
day to day until completed. 

Dated at Charleston, February 8, 1897. 

W. F. Myers, 

Attorney for Geo. IT. Murray, Contestant. 

Service accepted this 9th February, A. D. 1897. 

Howell & Grube, 

Attorneys for Contestee. 

State of South Carolina: In the matter of contest between George W. Murray, con¬ 
testant, and William Elliott, contestee, for a seat in the Fifty-fifth Congress of the 

United States from the First Congressional district of South Carolina. 

At a hearing in the above-stated case, at Gloversviile, in the county of Colleton, in 
the State of South Carolina, before H. W. Purvis, notary public, on the 28th day of 
January, 1897, at which were present W. T. Myers, esq., representing contestant, 
and M. P. Howell, esq., representing contestee, the following witnesses on the part of 
the contestant were examined, and the said witnesses testified as follows: 

ROBERT CHISOLM, a witness of legal age, produced by contestant, upon due 
notice to contestee, being sworn, deposes as follows: 

Q. Give your name, age, residence, and occupation.—A. Robert Chisolm; 39 years 
of age: live at Gloversviile precinct; by occupation, farmer. 

Q. Where were you on 3d of November last, election day, and what were you 
doing there?—A. I was at the Federal poll of Gloverville precinct, keeping "the 
blanks. 

Q. What blanks ?—A. The blanks which persons who offered to vote were rejected 
by the managers, and came to me and stated to me that they were rejected, and 
signed or made their mark to said declaration. 

Q. We do not want what they stated to you in reference to rejection, but you must 
give from your personal knowledge' the conditions of their rejections and the making 







MURRAY YS. ELLIOTT. 


141 


of these affidavits?—A. They went to the managers and offered to vote, and the ques¬ 
tion was asked them it they had their registration certificates; they replied no, some 
ot them, that they had not. The managers said they would not be allowed to vote; 
then they turned to me and made an affidavit. There was one man there as a rallier 
who asked, “If you was allowed to vote who would you have voted for?” they 
replied, “We would have voted for Murray and McKinley had we been allowed 
then those who could write signed their names, and those who could not made their 
marks, and I and J. W. Washington witnessed their signatures. 

Q. How do you know that these men offered to vote for Murray and made the 
declaration they so desired?—A. I was right there and saw them make the attempt 
and so express themselves. 

Q. To whom did they offer and make these expressions?—A. To the managers. 

Q. How far were yon from the managers and boxes when you heard these declara¬ 
tions and witnessed the affidavits?—A. About 4 feet from the table where the man¬ 
agers were at; in the same room. 

Q. Have you those affidavits? If so, produce them.—A. Yes, sir; here [witness 
producing them, in number, 80, Exhibit B.] 

(Counsel for contestee objects to the introduction of affidavits,upon the grounds 
that the witness can not testify to the contents of an affidavit made by some one 
else at a different time and place. The persons signing said affidavits were not then 
testifying, and if the testimony of such a witness was desired on the part of the con¬ 
testant, he should be brought before the notary in this contest and the contestee 
allowed the right to cross-examine said witness. Such testimony is clearly inad- 
missable, incompetent, and contrary to law.) 

Q. Will you examine these and see if they each contain your signature?—A. Yes; 
they do. 

Q. What other position did you occupy in connection with the election that day; 
did the county chairman appoint you specially?—A. Yes; he did, as a watcher at the 
Federal box for the Republican party. 

Q. Did you so act?—A. I did. 

Q. Was there any interest manifested at your precinct, Gloversville precinct, in 
obtaining registration certificates; and if so, did they succeed in obtaining them? 

(Objected to upon the grounds that the witness can only state of his own personal 
knowledge of what he knows about other people making efforts to obtain registration 
certificates.) 

A. Yes; there was a great deal of interest on the part of the parties to obtain 
them. I know to my own personal knowledge Sam Perry, William Singleton, George 
Cockrau, Washington Francis, Isaac Hey word, Barkus Campbell, Ned Limehouse, and 
many others, who made the effort, whose names I can not remember now. At cer¬ 
tain times that I was with these men the office was crowded and men could not get 
in. There was only one day allowed for this precinct, and it was impossible for 
these people to come the distance they had to come and be waited on. Some were 
rejected as not being qualified to the satisfaction of the requirements of the board of 
registration. 

Q. Were any who held registration certificates and offered to vote that day 
rejected?—A. Yes; James Perkins was one who had a registration certificate and 
was rejected upon the grounds that he had no poll-tax receipt; he offered to vote for 
Mr. Murray and McKinley. 

Q. What is the strength of the Republican and Democratic parties at your pre¬ 
cinct if all citizens of legal age were allowed to vote?—A. Republican vote would 
be about 350 and the Democratic vote would be about 40. 

Cross-examination: 

Q. How do you get at that estimate of that vote?—A. Well, sir, I have been a resi¬ 
dent of that precinct for many years, and an officer in the Republican organization, 
and can tell what is the vote of each party in former elections, and by my club roll. 

Q. Do you know how many registered voters there are now at Gloversville pre¬ 
cinct?—A. I think under the last registration there is about 51 Republicans 
registered. 

Q. Do you know how many are registered, Republican and Democratic?— A. I 
think about 70 of both parties. 

Q. You say you acted as watcher. How could you take a statement from each 
voter, at the same time hear and see every other voter, while engaged with the 
managers?—A. They were all seated together in the same room, and we had it so 
arranged but one voter would appear at a time, and when he would disappear 
another would come in. 

Q. You stated that every person who produced a registration certificate the mana¬ 
gers allowed him to vote, but one man who had no poll-tax receipt?—A. That is so. 

Q. What did you do with those affidavits or statements you produced here after the 
day of the election ?—A. I kept them until I had them sworn to, and I gave them up 
to the notary, some about the 1st of January—of the present month. 


142 


MURRAY VS. ELLIOTT. 


Q. When did you get them back in your possession^—A. I got them back this 
morning from the notary—I mean Major Myers. , , 9 

Q. When and where were you when you first gave those affidavits to the notary. 

A. At Gloversville. , , . , 

Q. Did each one of the persons whose name you took down that day sign or make 
his mark that day to these statements?—A. Yes, sir ; each one that could sign, and 
those who could not made his mark. 

Q. Then the notary did not attach his name until sometime afterwardsf—A. Yes, 

sir ‘ R. B. Chisolm. 

Sworn to before me this 28th day of January, 1897. 

H. W. Purvis, [l.s.] 

Notary Public. 

Exhibit B. 

Blank No. 1. 


State of South Carolina, Colleton County: 

This certifies that the undersigned, being over the age 21, male resident of the 
voting precinct Gloversville, of YV ard —, and legally qualified to register and vote 
therein, did, on this the 3d day of November, 1896, present himself at said voting 
precinct to vote for Geo. W. Murray, the Republican candidate for Congress in the 
First district of said State, desiring and intending to vote for the said Geo. W. Mur¬ 
ray, and, upon his attempting so to vote, was denied the right to so vote, and his 
vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration, under the laws of South Caro¬ 
lina being entitled to such registration, but had been refused and denied the right 
to register; and he further states that if he had been permitted to register and to 
vote at said election, he would have voted for Geo. W. Murray, the Republican can¬ 
didate for Congress in said district. 

And the undersigned further states that he is qualified even under the present con¬ 
stitution, as he can read and write, as evidenced by the fact that he signs this in his 
own handwriting. 

Isaiah G. Washington. 

Witnesses: 

R. B. Chisolm. 

J. W. Washington. 


Personally appeared Isaiah G. Washington and made oath that the above state¬ 
ment is correct. 


[SEAL.] 

Gloversville, S. C., January 14, 1S97. 


H. W. Purvis, 

Notary Public. 


[Nineteen affidavits same as above, signed and witnessed, tiled with this exhibit.] 


Blank No. 2. 


State of South Carolina, Colleton County: 

This certifies that the undersigned, being over the age of 21, male resident of the 

voting precinct Gloversville, of Ward-, and legally qualified to register and 

vote therein, did, on this the 3d day of November, 1896, present himself at the said 
voting precinct to vote for Geo. W. Murray, the Republican candidate for Congress 
in the First district of said State, desiring and intending to vote for the said George 
W. Murray, and, upon his attempting to so vote was denied the right to so vote, and 
his vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register, and further states that if he had been permitted to register and to vote 
at said election he would have voted for the said Geo. W. Murray, the Republican 
candidate for Congress in said district. 

S. (his x mark) Pinckney. 

Witnesses: 

R. B. Chisolm. 

J. W. Washington. 

Personally appeared S. Pinckney and made oath that the above statement is 
correct. 

[seal.] H. W. Purvis, Notary Public. 

Gloversville, S. C., January 12, 1897 . 

[Fifty-nine affidavits same as above, signed and witnessed, filed with this exhibit.] 







MURRAY VS. ELLIOTT 


143 


JAMES PERKINS, sworn: 

Examined by Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. James Perkins; age, 57; 
I live in Gloversville, Colleton County; by trade shoemaker. 

Q. Where were you on the day of election, 3d of November last, and what were 
you doing there?—A. I was at Cloversville, at the Federal poll. I went there to 
vote, and was rejected by the managers. I went there to vote for G. \V. Murray for 
Congress and Major McKinley. 

Q. Had you a registration certificate, and have you it with you?—A. Yes, sir; I 
have one, but I have it not with me. 

Q. Why was you not allowed to vote?—A. Because they said I had no poll-tax 
receipt. 

Q. Are you liable to poll tax?—A. No, sir; I am exempt from poll tax by age, and 
by physician’s certificate of this county, being a cripple. 

Q. Offering to vote for Murray, having been rejected, what did you do?—A. After 
they rejected me I showed the board of managers of election the certificate that 
exempted me, and they said I was not a citizen of this State or of the United States. 
I had been a soldier of the United States and was drawing a pension, and you can’t 
vote here, and there is no use of talking any more. That was said by Mr. Joe. Dodd 
and Ben Willis; and Mr. Dodd was one of the Federal managers, so was Mr. Ben 
Willis, or he acted as such, as he took my certificate and handed it to Mr. Dodd. 
After being rejected by these managers I turned to Mr. Robert B. Chisolm, who was 
the Republican watcher, and made an affidavit, who was sitting there with the 
managers. 

Q. How long have you lived in Gloversville precinct?—A. From 1868 up to the 
present time—1897—have always voted at that precinct. 

Cross-examination: 

Q. Do you pay any tax all?—A. No, sir. 

Q. Have you ever paid any tax since you lived in this county?—A. Yes, sir. 

Q. Who gave you an exemption from the payment of poll tax?—A. Dr. George 
Rivers, before the county commissioners. 

Q. Dr. Rivers was not one of the county commissioners, was he?—A. No, sir; he 
was a doctor. 

Q. Have you that certificate of Dr. Rivers?—A. No, sir; it is on file in the Pen¬ 
sion Office in Washington. 

Q. Did not you get that certificate to exempt you from road work?—A. Yes, sir. 

Q. Perkins, where were you born and reared?—A. I was born in North Carolina 
and reared there. 

Q. Why did you not carry your tax receipt to the polls when you wint to vote?— 
A. Because I had none. 

Q. Did you ever apply to the county auditor for an exemption of poll tax?—A. I 
did. 

Q. Did he give you one?—A. No; but my attorney wrote me that I was exempt. 

Q. You was the only man that had a registration certificate that the managers 
refused to let vote that day, were you not?—A. I don’t know. 

Q. Did not the managers ask you for your tax receipt?—A. Yes, sir. 

Q. Did you show them any paper exempting you from poll tax?—A. I showed 
them no paper excepting my registration certificate. 

Q. How long ago has it been since you received information from your lawyer that 
you were exempt from poll tax?—A. About twenty-two years. 

Q. What sort of an affidavit did you make before Chislom? Was it a printed paper? 
If so, do you remember the contents of that paper?—A. It was a printed paper; it 
had George W. Murray’s name on it, and was in the form of an affidavit. 

Q. Is that all you remember about it; did you read it?—A. Yes, I did; and signed it. 

Q. Have you ever seen that paper since you signed it before Chisolm?—A. Yes,sir; 
I seen it since and swore to it before a notary—Mr. Purvis. 

Q. Did you sign it again, a second time?—A. No, sir; I swore to it my signature. 

Redirect: 

Q. Does your age appear on your registration certificate that you presented to the 
managers?—A. Yes. 

Jas. Perkins. 

Sworn to before me this 28th day of January, 1897. 

[l. s.] H. W. Purvis, Notary Public. 

SAMUEL PERRY, sworn: 

Examined by Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. Samuel Perry, age 51; 
live in Gloversville precinct; by occupation farmer. 


144 


MURRAY VS. ELLIOTT. 


Q. Where were you on election day, 3d of November last, and what were doing 
there?—A. I was at Gloversville precinct, at the 1 ederal box and went there to vote, 
and offered, and was rejected by the managers. They rejected me because I did 
not have a registration certificate. I offered to vote tor Murray and McKinley. 

Q. After being rejected by the managers, what did you do?—A. I turned to the 
watcher of the Republican party and made an affidavit, declaring that I made the 
effort to vote for Geo. W. Murray for Congress. 

Q. Did you try to get a registration certificate?—A. I did; and many others, of my 
personal knowledge, did also try to get them. 

Q. Why did you not get it?—A. Because I could not read or explain the constitu¬ 
tion to the satisfaction of the board of registration. 

Q. Who w r ere the board of registration ? Were they Republicans, or Democrats, or 
mixed?—A. They were Democrats. 

Cross-examination: 

Q. Can you read and write?— A. No, sir. 

Q. Did the board of registration read anything to you?—A. No, sir; they did not. 
They gave me a section of the constitution and said I must read it. 

Sam (his x mark) Perry. 

Sworn to before me this 28th day of January, 1897. 

[l. s.] H. W. Purvis, Notary Public. 


J. W. WASHINGTON, sworn: 

Examined by Mr. Myers: 

Q. Give your name, age, residence, occupation.—A. J. W. Washington: age, 27; 
Gloversville precinct; by occupation a farmer. 

Q. Where w r ere you on election day, the 3d day of November last, and what were 
you doing there?—A. I was at Gloversville voting precinct, at the Federal poll; I 
was one of the ralliers there. 

Q. What did you do as one of the ralliers there?—A. I witnessed everyone who 
was rejected from voting and signed the affidavits they made as such witness. 

Q. Did anyone else witness with you these affidavits?—A. Yes; Mr. R. B. Chisolm. 

Q. Hov r did you come to be a witness of these affidavits?—A. Because men were 
rejected, and had to make an affidavit. They went there to vote, and were rejected 
by the managers. Some had registration certificates, and some did not. 

Q. Why were those who had registration certificates rejected, and for whom did 
they offer to vote?—A. They were rejected because they had no tax receipts, and 
offered to vote for George W. Murray for Congress, and McKinley; and those who had 
no registration certificates went up to the poll and offered to vote for Murray and 
Major McKinley, and were rejected by the managers, and then they went to the 
watcher, Rob. Chisolm, and made an affidavit that they offered to vote and were 
rejected. 

Q. How near were you to the managers and boxes when these matters occurred?— 
A. About 3 feet, and could see all that happened and hear all that passed. 

Q. Do you know how many affidavits were made and witnessed by you and Mr. 
Chisolm that day?—A. I think about eighty-four. 

Q. Name the men who had certificates that were rejected?—A. James Perkins and 
Thomas Williams. 

Q. Do you know if any interest was manifested by the Republicans of your pre¬ 
cinct to obtain registration certificates, and to what extent?—A. A great deal of 
interest. 

Cross-examination: 

Q. Give me the names of some of those persons who had registration certificates 
and were not allowed to vote?—A. James Perkins and Thomas Williams. That is 
all that I remember. 

Q. Why did they reject Williams?—A. For not having a tax receipt. 

Q. Did the voters offering to vote tell the managers who they wanted to vote 
for?—A. They told the managers they wanted to vote for Murray and McKinley, if 
allowed to vote. 

Q. You assisted, if I understand you, Chisolm, and witnessed the papers with 
Chisolm?—A. I did. 

Q. You carried those blanks there, and notified all the voters who came there to 
come and sign them, did you not?—A. No, sir. 

Q. Who carried them there?—A. The watchers had all the blanks there; Mr. Chis¬ 
olm carried them there. 

Q. Did you not ask the voters after they had been rejected to come and sign them?— 
A. I did not, as it was their interest. 


MURRAY VS. ELLIOTT. 145 

Q. How did they know that?—A. I don’t know that, hot they seemed to know all 
about it. 

Q. Did yon not arrange that before the election at youi club meetings?—A. No, 
sir; I know nothing of such an arrangement. 

Q. V ho appointed yon to go there and look after these people signing these 
papers?—A. I was not appointed; was called to witness the names by Mr. R. B. 
Chisolm ; and I was kept there to witness all of them, and did so. 

Q* Did you read over the affidavit or statement to every man who signed?—A. I 

Q. Was you near enough to the managers for them to hear you read over to every 
one?—A. Yes, sir; I was near enough. 

Q. Did the managers wait on you to read over that paper and let the man sign it 
before they permitted another voter to come in?—A. Yes, sir. 

Q. Did you have an agreement with the managers to that effect?—A. No, sir; I 
had no agreement with them. 

Q. Did you sign those papers that day, or sign your name afterwards as a wit¬ 
ness?— A. Signed them that day. 

Q. AA ho were the managers?—A. Mr. Joe Dodd, Ben Williss, andTanney Dan ridge, 
and Tom Ackerman was clerk. 

J. W. Washington. 

Sworn to before me this 28th day of January, 1897. 

[seal.] H. W. Purvis, Notary Public. 

H. MIDDELTON, sworn: 

Examined by Mr. Myers: 

Q. Give your name, age, residence, occupation.—A. H. Middelton; age, 58; live at 
Gloversville precinct; by occupation, farmer. 

Q. AY here were you on election day, 3d of November last, and what were you 
doing there?—A. I was at Glover precinct, Federal election poll; I went there to 
vote tor G. W. Murray, but was rejected because I had no registration certificate; 
I then turned to theralliers and said, “ I had been rejected, but if I could have voted 
I would have voted for Murray and McKinley.” I then made my mark to a paper, as 
a declaration of the fact; this was in the presence and hearing of the managers. 

H. (his x mark) Middelton. 

Sworn to before me this 28th day of January, 1897. 

[SEAL.) II. W. Purvis, Notary Public. 

W. SINGLETON, sworn: 

Examined by Mr. Myers : 

Q. Give your name, age, residence, occupation.—A. W. Singleton; age, 23; Glovers¬ 
ville precinct; by occupation, farmer. 

Q. Where were you on election day, 3d of November, last, 1896, and what were 
you doing there?—A. I was at Gloversville precinct poll at the Federal box, and 
offered to vote for Murray and McKinley, but was rejected by the managers; was 
rejected because I had no registration certificate; I said to them, the managers, if I 
could have voted I would have voted for Murray and McKinley; I then turned to 
the watcher, Mr. Robert B. Chisolm, and made my affidavit. 

Q. Did you try to get a registration certificate?—A. I did; I had my poll-tax 
receipt. 

Q. Why did you not get your registration certificate?—A. Because I did not satisfy 
the board of registration. 

Q. In what way did you not satisfy the board?—A. They said that I did not read 
the constitution satisfactory. 

Q. Did many of the rejected voters make affidavits that day?—A. Yes, sir; there 
was a large crowd there that day. 

Cross-examination: 

Q. Chisolm says there was only one voter allowed in the building at a time; how 
could you know what other voters done, of your own knowledge?—A. Because I was 
there early in the morning, and the poll was opened where I could see all that 
went on. » 

Wm. (his x mark) Singleton. 

Sworn to before me this 28th day of January, 1897. 

[l. s.] H. W. Purvis, Notary Public. 

Adjourned 5.30 p. m., January 28, 1897, to 10 o’clock a. m., January 29, 1897. 

H. W. Purvis, Notary Public. 


17745-10 



146 


MURRAY VS. ELLIOTT. 


Pursuant to adjournment, the taking of depositions was resumed at Jacksonboro, 
Colleton County, State of South Carolina, at 4.30 o’clock p. in., on above date, at 
which were present \Y. F. Myers, esq., representing contestant, and M. P. Howell, 
esq., representing contestee. 

D. D. GREEN, a legal witness, being duly sworn, testifies as follows: 

Examined by Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. D. D. Green; age, 45; 
reside at Gloversville precinct; by occupation, farmer. 

Q. Where was you on election day, 3d of November last, and what were you doing 
there?—A. I was at Gloversville election precinct, at the Federal poll, keeping a list 
of the legal voters and those rejected, and 1 was a rallier there in the interest ol 
Geo. W. Murray; there was a great many rejected. 

Q. Why were they rejected, and what occured after being rejected?—A. They 
were rejected because they had no registration certificates, and stated in the pres¬ 
ence of the managers if they had been allowed to vote they would have voted for 
Geo. W. Murray; they then went and signed an affidavit at the adjoining table to 
the voting table, which was kept by R. B. Chisolm and J. W. Washington. 

Q. Have you a registration certificate, and where did you go to get it?—A. I have; 
I got it at Cottageville. 

Q. Was there any day given for registration for Gloversville precinct?—A. No, sir. 

Q. Was there any interest manifested by the Republicans of Gloversville precinct 
in getting registration certificates, and how far did they succeed in getting them?— 
A. Yes, but they did not get them; they made several attempts, but they were unable 
to read or explain to the satisfaction of the board of registration. 

Cross-examination: 

Q. When these voters came up to vote, and were rejected because they had no reg¬ 
istration certificates, did they state to the board of managers or to Chisolm and 
Washington who they intended to vote for?—A. They stated to the board of elec¬ 
tion managers, if allowed to vote, who they would vote for. 

Q. Did not every person, who produced his registration certificate and tax receipt, 
who offered to vote, vote?—A. Yes, sir. 

Q. How far is Gloversville precinct from Cottageville?—A. About 2| miles. 

Q. Did not the registration officers advertise that they would open their office at 
Cottageville for Gloversville precinct?—A. I don’t know. 

Q. Were those affidavits, as you call them, kept by Chisolm and Washington, read 
over to each man as he signed them, or did each man just sign them?—A. They were 
read over to them. 

D. D. Green. 

Sworn to before me this 29th day of January, 1897. 

[l. s.] H. W. Purvis, Notary Public. 

State of South Carolina. In the matter of contest between George W. Murray, 

contestant, and William Elliott, contestee, for a seat in the Fifty-fifth Congress of 

the United States from the First Congressional district of South Carolina. 

At a hearing in the above-stated case at Jacksonboro, in the county of Colleton, 
in the State aforesaid, before H. W. Purvis, notary public, on the 29th day of Jan¬ 
uary, 1897, at which were present W. F. Myers, esq., representing contestant, and 
W. P. Howell, esq., representing contestee, the following witnesses on the part of 
the contestant were examined, and the said witnesses testified as follows: 

THOMAS GRANT, a witness of legal age, produced by contestant, upon due notice 
to contestee, being duly sworn, deposes as follows: 

Q. Give your name, age, residence, and occupation.—A. Thomas Grant; age, 57; 
residence, Jacksonboro; by occupation, carpenter. 

Q. Where was you on election day, 3d of November last, and what were you doing 
there?—A. I was at Jacksonboro voting precinct in this house, at the Federal poll. 
I was there as watcher for the Republican party. 

Q. State if many Republicans were allowed to vote here that day; and if not, 
why.—A. Not many, because they did not have registration certificates. 

Q. Did these men, in any way, try to vote?—A. Yes, sir; they came in and offered 
to vote, but were rejected because they did uot have registration certificates. They 
stated to the Federal managers if they were allowed to vote they would have voted 
for George W. Murray for Congress. 

Q. What did they do after being rejected?—A. They then, in the same booth, had 
their names taken down on blanks; these blanks were kept by Moses Perry, who 
filled them out; they stated to him (Perry) that they had been rejected by the man- 
agers; they offered to vote, and if allowed would have voted for George Murray. 


MURRAY YS. ELLIOTT. 147 

Q. How do you know these things?—A. Because I was in the same booth as a 
watcher. 

Q. Was any interest manifested by the Republicans of your precinct in getting 
registration certificates, and did they succeed?—A. Yes, sir; they have tried on the 
day for registration here and were deprived because there was but one day here, and 
many had to go to Walterboro to try and obtain them; they could not get them 
owing to the requirements of the board of them to explain the registration laws 
under the law. 

Q. State what, if anything, you know of the conduct of the registration officers 
during the time of registration.—A. On the day of registration here there was not 
sufficient time that the people had to register. The officers acted cleverly, but they 
did not have the time—only one day. 

Q. When the Republicans presented themselves and were required to explain 
clauses of the constitution, as read to them, what was the conduct of the registration 
officers in this respect?—A. You can’t register unless you can read the law to the 
satisfaction of the board of registration. 

Q. State the relative strength of each party at this precinct, if all citizens of legal 
age were allowed to vote.—A. If all citizens were allowed to vote, the entire vote 
would be about 300; the Democrats would poll about 20; the Republicans, 280. 

Cross-examination: 

Q. Did you register and vote?—A. No, sir. 

Q. Did you apply for registration certificate? If so, when and where?—A. No, 
sir: 1 did not. I was here but did not apply, and I did not go to Walterboro. 

Q. What were y T ou doing on the day the registration was going on here?—A. I 
was here, but not doing anything. 

Q. Where did you stay or go that day?—A. I did not stay here the whole day 7 . 

Q. What time did you get here that morning?—A. About 11 in the morning, and 
left about 2 o’clock in the afternoon. 

Q. Now, while you stayed here at this precinct, you attended to your ordinary busi¬ 
ness and went home?—A. I went over the river. 

Q. So you were not present on the day of registration at this place, and do not 
know what took place, of your own personal knowledge?—A. I was present. 

Q. Were you in the place when the registration was going on?—A. Yes; I was 
at the door. 

Q. How long did you stay there at the door?—A. I was there ten minutes and 
fifteen minutes at a time, urging people and trying to get them to get registration 
certificates ? 

Q. What you stated about people going to Walterboro to get certificates was not 
from your personal knowledge, but hearsay?—A. That is what they told me. 

Q. How long have you lived at this precinct?—A. About thirty years. 

Q. Were you a supporter of Murray, Smalls, Cohen, or anyone else prior to the 
nominating convention?—A. Murray. 

Q. Was there not a good deal of opposition to Murray at this precinct?—A. Yes, sir. 

Q. Do y r ou not know that every man who held a registration certificate was al¬ 
lowed to vote at this precinct in the last election?—A. AH except a few. 

Q. Name those who were not allowed to vote?—A. Mingo Bowman was one, and 
many others that I do not now remember. 

Q. Do you know why they would not let Mingo Bowman vote, or any of the others 
that you speak of?—A." Mingo Bowman was rejected because they said the law al¬ 
lowed him so many days to get his certificate before the election. 

Thomas Grant. 

Sworn to before me this 29th day of January, 1897. 

[ s> j j# j H. W. Purvis, Notary Public. 

MINGO BOWMAN, sworn: 

Examined by Mr. Myers: 

Q. Give your name, age, residence, and occupation.—A. Mingo Bowman; age, 41; 
I reside at Jacksonboro, this precinct; by occupation, farmer. 

Q. Where were you on election day, 3d of November last, and what were you 
doing there?—A. I v^as at the Federal poll of Jacksonboro precinct; I was there in 
the mterest of G. W. Murray, candidate for Congress. 

Q. Did many Republicans vote there that day; and if not, why?—A. Those who 
had registration certificates voted; those that did not have them did not, but put 
down their names right in this building. There was a great many who could not 
vote. 

Q. How did these men present themselves to the poll, and what did they say and 
do?—A. After they got Murray’s ticket they presented themselves to the managers 
and offered to vote, and when' they were rejected they said if allowed to vote they 


148 


MURRAY YS. ELLIOTT. 


would vote for George W. Murray. They then went to Mr. Ferry and signed blanks, 
those who could write, and those who could not made their marks to said blanks in 
same room. They got the Murray ticket on the outside. 

Q. Are you a registered voter, and were you allowed to vote on election day? A. 
I am a registered voter and had my certificate on the day of election when I pre¬ 
sented myself to the managers. They refused to let me vote upon the ground that 
iny tax should have been paid six months prior to the election under the law, they 
said, and my tax was not paid until June, but 1 was allowed to vote that day at the 
State box. 

Q. If allowed to vote that day, for whom would you have voted for Congress?—A. 
I would have voted for Murray. 

Q. State what, if anything, you know of the conduct of the registration officers 
during the time of registration.—A. Nothing that I know. They gave me my reg¬ 
istration certificate at Walterboro, but one other man who was there with me they 
rejected—B. Drayton—because they said he could not read the constitution to their 
satisfaction. I was there with him. 

Cross-examination: 

Q. Bowman, did you exhibit your tax receipt?—A. Yes, sir; I brought them all 
here—the tax receipts. 

Q. They said it should have been paid six months before ?—A. Yes, sir. 

Q. Now, you stated that when the voters came in they stated for whom they wished 
to vote—Murray. Did they make this statement to the board of managers or to the 
committee who were taking down the names of those who could not vote?—A. They 
stated it to the committee. 

Q. You say that you voted in the State election?—A. Yes, sir. 

Q. Who did you vote for in the State election?—A. I voted for Pope, the State 
and county ticket. 

Q. Did you stay in the building where the Federal voting was going on all day?— 
A. No, sir; I did not stay there all day; I was back and forth all day. 

Q. Is it not a fact that you are the only person who was rejected by the board of 
managers that held a registration certificate?—A. Several were rejected who held 
registration certificates. Whether they were under the old law or new I don’t know. 
R. T. B. Glover had an old certificate. J. D. Devaux had one; what kind it was I don’t 
know. W. Pinckney had one; I don’t know what his was, and Sam Holmes, Caesar 
Wineglass, Amos Bright, Tom Simmons, and others I don’t remember; I don’t know 
what kind they were. 

Q. Do you not know that a great many of the voters brought their old certificates 
to the election on that day?—A. I don’t know. 

M. Bowman. 


Sworn to before me this 29th day of January, 1897. 

[l. s.] H. W. Purvis, Notary Public . 


W. B. SCOTT, sworn: 

Examined by Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. W. B. Scott; age, 61; reside 
at Jacksonboro precinct; by occupation a farmer. 

Q. Where were you on election day, the 3d of November last, and what were you 
doing there?— A. I was at Jacksonboro precinct at the Federal poll. I went there 
to vote and remained there during the day, and tried to get all to vote for George 
W. Murray, and gave them the information as to the tickets. 

Q. Were you in a position to see and hear what transpired in the election booth 
that day?— A. I was; I was inside the polling booth where the voting was going on. 
Some of the voters came in and presented themselves to vote and they were rejected 
by the managers, who said that their registration certificates were "not right; and 
after that they stated to the managers if they were allowed to vote they would vote 
for Murray; and they turned off to Perry and signed an affidavit in the same polling 
place; and many others came in to vote, and were rejected, as they did not have 
registration certificates, and said to the managers it they could vote they would vote 
for Murray. They then turned to Perry and signed the blank which he had. Those 
who could write did so and those who could not made their mark. All this was done 
in the hearing and presence of the managers. I have been a resident of this section 
about thirty years. 

Q. What is the relative strength of the two parties, Democratic and Republican, 
if all legal citizens were allowed to vote in this locality?—A. The Republican is 500 
or more, the Democratic about 21. this strength of the Republicans is caused bv 
the abolishing Ashepoo, Bennetts Point, as polls, and all the voters are going to this 
precinct. 6 


MURRAY VS. ELLIOTT. 


149 


Cross-examination: 

Q- Do you know whether or not any person holding a certificate of registration 
under the recent law was rejected by the board of managers except Mingo Bow¬ 
man f —A. I do not. 

Q. Did the voter declare his intention to the managers or to Perry, who was taking 
down names of rejected voters?—A To the managers; they did not tell Perry. 

Q. Did you stay in the room where the voting was carried on all day?—A. No; I 
did not stay there all day. I stayed there part of the day. 

Q. Did you vote?—A. Yes, sir. 

Q. \V hat did the board of managers require for you to exhibit before voting?—A. 
My registration certificate; did not require my poll tax receipt, being over age. 

Q. Did you see anyone rejected who held a certificate similar to yours, or under 
the recent law?—A. I saw them go up there and present certificates, but what kind 
I do not know. 

Q. Did you make any effort to see or examine the certificates that were rejected?— 
A. I did not. 

Q. How many voters, do you suppose, visited Jacksonboro precinct on the day of 
the last election?—A. To my knowledge, I suppose, with those who had registration 
certificates and those who had none, about 300 or 400. 

Q. Do you know how many of those people presented themselves to the board of 
managers?—A. 1 kept no record of them; don’t know. 

Q. How many votes did Murray receive at this precinct?—A. I can’t remember 
rightly; he was ahead: received more than Elliott. 

W. B. Scott. 

Sworn to before me this 29th day of January, 1897. 

[l. s.] " H. W. Purvis, Notary Public. 

J. L. WHITE, sworn: 

Examined by Mr. Myers: 

Q. Give your name, age, residence, and occupation.—A. J. L. White; age, 35; 
reside at Jacksonboro precinct; by occupation farmer. 

Q. Where were you on election day, 3d of November last, and what were you doing 
there?—A. I was at Jacksonboro election precinct at the Federal poll; on the railing 
committee in the interest of George W. Murray, a candidate for Congress. 

Q. State if you were in a position to see and hear what transpired between the 
managers and voters. If so. state what.—A. 1 was in a position to see and hear, 
when those who came and presented themselves to vote and were rejected by the 
managers, state that if they were allowed to vote they would vote for George W. 
Murray, and turn and present themselves to Perry and sign the affidavits. Those 
who could write, and those that could not write made their mark; they made their 
declaration to the managers. 

Q. Did you present yourself to get a registration certificate, and did you get it?— 
A. I did, but I did not get it. 1 could not read to the satisfaction of the board, they 
said, to entitle me to a certificate. I signed one of the affidavits that Perry had. 

Q. Do you know anything of the conduct of the registration officers in reference 
to issuing registration certificates to Republicans?—A. Yes, sir; I was here that 
day and saw 18 white men get certificates and never read anything, and they were 
Democrats. The Republicans were required to read, and none of them read to the 
satisfaction of the board of registration and were rejected. 

Q. Was any interest manifested by Republicans in trying to get certificates?—A. 
Yes, sir. 

Cross-examination: 

Q. Where did you see all this registration matter going on, at Jacksonboro or 
Walterboro?—A. At Jacksonboro. 

Q. Where did the registration of voters take place at Jacksonboro?—A. In this 
office. 

Q. How long did you stay in the office where the registration was going on?—A. 
From about 7 a. m. to* 12 m. 

Q. How many people came in for registration during that time?—A. 1 did not 
count all of them, but 18 white men and about five colored men; three of the colored 
men got certificates. 

Q. Did you read the constitution to the board of managers—any part of it?—A. 
Yes, sir. 

Q. What part did you read?—A. Section 20; don’t know now what it read about. 

Q. What is the difference between the constitution and the statutes?—A. I don’t 
know if there is any difference. 

Q. Do you know who the governor of this State is?—A. John Gary Evans was for 
1890; I don’t know who is now. 


150 


MURRAY VS. ELLIOTT. 


Q. You was here on the (lay of election, you say. Did you stay in the buildingall 
day, from the time the polls opened until they closed ?—A. T was here, but not in the 
building all day; I was back and forth; 1 went out and gave them tickets and came 
back to hear what they had to say, and what they said when rejected. 

Q. Did you come inside or stop at the door?—A. I came in sometimes, and some¬ 
times stopped at the door. 

Q. Do you mean to say that you came to the voting precinct with every voter who 
voted, or offered to vote, during the entire day?—A. 1 did not come with every entire 
one, but with a great many. 

Q. Were you not about the railroad and the depot distributing tickets to the 
voters when they would come in town?—A. Yes, sir; when they were slack in com¬ 
ing to the precinct I went out and gave them, and came with them to the polls. 

Q. Whose tickets were you distributing?—A. Murray’s and Pope’s. 

Q. Where was the State poll held?—A. Over the railroad, about 200 yards from 
the Congressional box. 

Q. Did you go with the voters to the State box?—A. No, sir; all of my attention 
was given to the Congressional box; I went to the State box once or twice a day. 

Q. What time did you get to the poll?—A. Came early and left late. 

Q. Were you the only person distributing Murray’s tickets that day?—A. No, sir; 
there was a good many more distributing Murray tickets that day. 

J. L. White. 

Sworn to before me this 29th day of January, 1897. 

[l. s.] H. W. Purvis, Notary Public. 

R. B. GLOVER, sworn: 

Examined by Mr. Myers: 

Q. Give your name, age, residence, occupation.—A. R. B. Glover; age, 55; reside 
Jacksonboro election precinct; by occupation a carpenter. 

Q. Where were you on election day, 3d of November last, and what were you 
doing there?—A. I was at .Jacksonboro voting precinct at the Federal poll; I was 
there, offered to vote for George W. Murray, arid was rejected by the managers, and 
I stated that if I had been allowed to vote I would have voted for George W. Mur¬ 
ray, I stated to the managers; I then turned to Perry and stated that I was rejected 
by the mauagers, and if allowed would have voted for George W. Murray, and then 
1 signed my name to a list he kept. 

Q. Did you or any other Republicans apply for registration certificates, and did 
you get them, and if not, why?—A. I did go to Walterboro and made the attempt 
to get registration certificate, and they gave me certain portions of section 5 of the 
constitution to read, and they said I did not read clear enough. I was there when 
many went there to get registration certificates, but were refused on the same 
ground, only two of whom he knew were from this precinct. 

Cross-examined: 

Q. Glover, when you offered to vote did you present your old registration certifi¬ 
cate under the old law?—A. No, sir. 

Q. Why did you tell the managers who you wanted to vote for?—A. Because they 
rejected my vote under the new registration. 

Q. Is that the only reason why?—A. That is the only reason. 

, Q. Now, was it not understood by the parties who came here that they should 
come and offer to vote, and if rejected, give their names to some one?—A. It was 
understood by me and by others. 

Q. What did section 5 of the constitution read about?—A. I don’t remember. 

Q. How many constitutions do you live under?—A. I don’t know. 

Q. How many governments do you live under?—A. Two governments. 

Q. What are they ?—A. I am unable to state. 

R. B. Glover. 

Sworn to before me this 29th day of January, 1897. 

[e. s.J H. W. Purvis, Notary Public. 

J. D. DEVAUX, sworn: 

Examined by Mr. Myers: 

Q. Give your name, age, residence, and occupation.—A. J. D. Devaux; age, 53; 
reside in Jacksonboro election precinct; by occupation farmer. 

Q. Where was you on election day, 3d of November last, and what were you doing 
there?—A. I was here at the Federal poll of this precinct; came there to vote; I 
was there all day; I was rejected by the board of election managers; after 1 was 
rejected, went out in the yard. 

Q. In presenting yourself to the managers what occurred?—A. They told me I 
could not vote as I had no registration certificate. I told the managers, then, if I 


MURRAY VS. ELLIOTT. 


151 


could have voted I would have voted for George W. Murray. Then I went to the 
table where M. H. Perry and Thomas Grant were and signed an affidavit. 

Q. Did you make any effort to get your registration certificate 1 ?—A. I did when 
the registration board was here; they requested me to read a section ; I told them I 
did not have my glasses; they read me a section and asked me to explain it; I tried, 
but Mr. Tracy told me that was not right; 1 remained here all day and saw many 
others; 1 told Mr. Tracy I could not explain it; I told him so because he said my 
explanation was not right; I know four who tried to get their certificates but were 
refused; one man, they told, he read to extortions, and all were refused because 
they could not read to the satisfaction of the board. 

Cross-examination: 

Q. Name those persons you speak of.—A. Brass Young, W. B. Evans, J. L. White, 
and Isaac Green. 

Q. Did they read the constitution themselves or did Mr. Tracy read it for them?— 
A. They read it themselves. 

Q. Why did you tell the managers for whom you wanted to vote for ?—A. Because 
I had no certificate, and that was the man I wanted to vote for. 

Q. Did you not know that you could not vote before you came here, having no 
registration certificate?—A. I did not. 

Q. What did you sign when you went to Perry?—A. An affidavit. 

Q. Who swore you when you signed before Perry?—A. No one. 

Q. What was in that affidavit?—A. I did not read it; I just went to the table and 
signed it. 

Q. What is an affidavit?—A. Taking down what a man says. 

Q. Is that all that is necessary to make an affidavit?—A. No, sir; it requires 
swearing. 

Q. How many voters do you suppose came to the polls at this precinct on the day 
of the election?—A. There was over 300 and more. 

Redirect: 

Q. Did you at any time after the election appear before an officer and swear to 
your affidavit?—A. I did before H. W. Purvis, here at Jacksouboro. 

J. D. Devaux. 

Sworn to before me this 29th day of January, 1897. 

[l. s.] H. W. Purvis, Notary Public. 

State of South Carolina: In the matter of contest between George W. Murray, con¬ 
testant, and William Elliott, contestee, for a seat in the Fifty-fifth Congress of 

the United States from the First Congressional district of South Carolina. 

At a hearing in the above stated case at Green Pond, in the county of Colleton, 
in the State aforesaid, before H. W. Purvis, notary public, on the 26th day of Janu¬ 
ary, 1897, at which were present W. F. Myers, esq., representing contestant, and A. 
M. Bostick, esq., representing contestee, the following witnesses on the part of the 
contestant were examined, and the said witnesses testified as follows: 

D. P. POLIT, a witness of legal age, produced by contestant upon due notice to 
contestee, being duly sworn, deposes as follows: 

Q. Give your name, age, residence, and occupation.—A. D. P. Polit; age, 42; reside 
in Green Pond precinct, Colleton County; by occupation a farmer. 

Q. Where were you on the 3d of November last?—A. I was here at Green Pond 
at the Federal polls and voted that day. 

Q. What official position did you hold that day in relation to the election?—A. My 
position as precinct chairman of this poll was also an observer for the Republican 
party. 

Q. By whom was you appointed observer?—A. I was appointed by Mr. Murray, 
in his interest that day. 

Q. How near were you to the managers and boxes on that day?—A. The boxes 
were on the inside of the house, right in front of the window, and I was right over 
the box at the window on the outside. I was in a position to see and hear all that 
went on and transpired. 

Q. Did many Republicans present themselves that day to vote; and if so, who did 
they offer to vote for?—A. A great many, and they made the attempt to vote for 
George W. Murray for Congress. 

Q. Were they allowed to vote, and if not, why?—A. All were not allowed to vote, 
because they did not have registration certificates. 

Q. About how many were rejected by the managers?—A. I kept a list of those who 
voted, but there was a great many—about 400—who were rejected, but I did not count 
them; a Mr. Williams counted them. 


152 


MURRAY VS. ELLIOTT. 


(Objected to by counsel for contestee upon the following grounds, us the evidence 
is only hearsay as to the number.) 

Q. After being rejected by the managers, what did those voters do? A. they 
made their declaration to the manager and went to Mr. Williams and gave their 
names. 

Q. How far was Mr. Williams from you when taking these declarations?—A. Just 
about 5 feet, in a position from the box to hear and see all that went on and in a 
position to allow rhe people to get up to the box. 

Q. What effort was made by the Republicans of Green Pond precinct to obtain 
registration certificates ?—A. They went and tried to obtain them; I know this 
myself as an officer of this precinct, being present during the whole time that the 
registration office was open here, which was one day. 

Q. Who were the officers of registration, us to their politics?—A. They were 
Democrats, all of them. 

Q. How long have you lived in this precinct?—A. I have lived here all my life; 
born and raised here. 

Q. Then you know the people pretty well, do you not?—A. Yes; I do. 

Q. If all the citizens were allowed to vote at this precinct, what party would be 
in the majority?—A. The Republican party would be in the majority. 

Q. Who was their choice for Congressman?—A. Mr. Murray. 

Q. Is the party anywise organized in this precinct ? Have you any organization?— 
A. Yes, sir; we have an organization of clubs, headed by the officers of them, and I, 
as precinct chairman, have general control, and I report to the county chairman. 

Cross-examined by Mr. Bostick : 

Q. Were you in a position, on the day of election here at Green Pond, to see every 
vote that was cast, and everyone that was rejected?—A. Yes, sir; and did so see 
them. 

Q. How many votes were cast for Murray?—A. Fifty-seven. 

Q. Were all allowed to vote who had registration certificates?—A. One man was 
rejected by Mr. Laracy, who stated he could not allow him to vote until Mr. Sanders 
came back, as he had no tax receipt. 

Q. Who was the man that was rejected by Mr. Laracy?—A. I do not know him. 

Q. Did he subsequently vote on that day 7 ?—A. I do not know. 

Q. Did you not state that you saw every vote cast and offered?—A. I did. 

Q. Did you keep a list of those rejected?—A. I did not, but Mr. Williams did. 

Q. Did you know personally all of those rejected?—A. I know a great many of 
them, but not all; but I saw all go to Mr. Williams. 

Q. How long have you been taking an active part in the management of your 
party’s interests in this precinct?—A. I have always taken an active part in my 
party’s affairs; how long I can’t say, but for a long time. 

Q. How many Republican clubs have you in this precinct?—A. We have five Re¬ 
publican clubs in this precinct. 

Q. Are you not acquainted with all the membership of each of these clubs?—A. I 
do not know them individually. 

Q. Can you mention the names of any who were rejected on the day of election 
for not having registration certificates?—A. Yes, sir; Daniel Pinckney, A. Frasiers, 
Arron Lesene, Paris Simmons, Joseph Butler, Ben Campbell, Robt. Baneall, Charles 
Campbell, Bristow Borrouglis, York Jenkins, Jos. Young, Cain Jenkins, William 
Gadsen, James Campbell, Eddie Ellison, Col. Bowers; this is all I can remember 
just now. 

Q. Did you see each of those named offer to vote?—A. I did. 

Q. How did they offer to vote?—A. They went up to the poll to vote without 
registration certificates, with tickets in their hand, and made the attempt to A'ote. 

Q. Did you see their tickets before they presented them at the poll?—A. Each and 
every one. 

Q. You stated that you saw these rejected voters apply for registration certifi¬ 
cates at Green Pond; what day was that?—A. It was the time the office was opened 
down here; I don’t remember the day or month. 

Q. Did you actually see all these parties named by you apply for registration at 
Green Pond?—A. Yes, sir; and I gave them instructions to meet here that day for 
their tickets. 

Q. Did you keep a list of those applying for registration?—A. No, sir; I did not 
keep a list, but told them all to try and get registration certificates. 

Q. How many Republicans were registered here at the time you refer to?—A. I 
did hear it at that time, but it was not very large; a small number. 

Q. What do you mean by a small number?—A. The crowd was very large that day, 
but a very few got registered; I suppose about 22. 

Q. A\ here did the Republicans who voted for Murray here obtain registration cer¬ 
tificates?—A. At different places, being allowed but one day at each place. 


MURRAY YS. ELLIOTT. 


153 


Q. W liy did those who were registered fail to get their registration certificates?— 
A. It was said because they could uot comply with the law. 

Q. Are you acquainted with the requirements of the law of registration?—A. I 
am only acquainted this far, that you must read the constitution, sign your name; 
read, or when they read a section of the constitution to you, vou must explain it to 
their satisfaction. 

Q. Is that all you know about the requirements of the law?—A. That is all I 
know about that part of the law. 

Q. Did those who were refused registration take any further steps in the matter 
to your knowledge?—A. They did not, to my knowledge. 

D. F. Polit. 

Sworn to before me this 26th day of January, 1897. 

[ L - S, 1 H. W. Purvis, Notary I’nblic. 

A. FRASIER, a legal witness, being duly SAvorn, teslifies as follows: 

Examined by Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. A. Frasier; age, 60 years; 
Green Pond precinct, Colleton County, is Avhere I live; occupation, a farmer. 

Q. Where Avere you on election day, NoA^ember 3 last, and Avhat were you doing 
there?—A. I Avas at Green Pond, at the Federal poll, trying to A r ote, and seeing that 
all the men belonging to my club voted. 

Q. Did you vote? If not, why?—A. I did try, but was rejected. 

Q. Who did. you offer to A 7 ote for, and for what position?—A. Tried to A T ote for 
Murray for Congress. 

Q. Did you offer your ballot that day, and to whom did you so offer it?—A. I did, 
to the managers of the Federal poll. 

Q. Were the Democrats or Republicans these managers?—A. They were Demo¬ 
crats. 

Q. After being rejected. Avhat did you do?—A. I went and had my name put 
down by Mr. Williams, who was keeping the list there. 

Q. What position do you hold in the Republican organization?—A. I am a presi¬ 
dent of a club in this precinct. 

Q. Did the members of your club offer to A 7 ote, aud for whom?—A. They did; tried 
to vote for Murray. 

Q. Were they allowed to vote?—A. They Avere not. 

Q. What did they do?—A. They all went and had their names put down as want¬ 
ing to vote for Murray. 

Q. Were you in a position to see and hear all of this?—A. I was. 

Q. The same man took their names as took yours?—A. Yes, sir. 

Q. How long have you lived in this precinct?—A. I have been living here forty- 
seA-en years. 

Q. About how many votes Avould the Republicans receive if all the citizens were 
allowed to vote in this precinct?—A. About 380 odd, I think, is about the Repub¬ 
lican A r ote at this poll. 

Q. Being an officer in your precinct, can you tell who the Republicans desired for 
Congress?—A. Murray was their desire, and so offered. 

Q. Was there any effort made by the Republicans to get registration certificates; 
and if so, did they get them?—A. They all tried, and did not get them. 

Cross-examination: 

Q. You say that your vote was rejected by the managers at Green Pond. Did you 
have a registration certificate ?—A. I did not. 

Q. Did others you speak of, who w T ere rejected, haA^e registration certificates?—A. 
They did not. 

Q. Did you see all of the votes cast or offered on the day of election at Green 
Pond?—A. 1 did see all; I Avas at the polls all day. 

Q. You say that those who were rejected had previously applied for registration 
certificates. How do you know that?—A. I was there and saw them apply. 

Q. Where and when?—A. At Green Pond, I think, in July, but don't knoAv the 
date. 

Q. You mean all of those Avho were rejected applied at the time and place you have 
just mentioned?—A. All of those that Avere rejected at this poll that day. 

Q. Were there any Republicans registered here that day ?—A. There Avas a few of 
them. 

Q. Was there any Republican A otes cast for Murray that day at Green Poud?—A. 
Yes, sir. Of my club 6 who were registered voted. I can not account for the others. 

Q. Why did those who were rejected fail to get registration certificates?—A. 
Because they could not read such laws that was required of them. 

Q. You Avere present, you say, when they all applied, and heard it all yourself?— 
A. I was present when all of my club applied and were rejected. 


154 


MURRAY YS. ELLIOTT. 


Q. How many applicants were there from your club?—A. Thirty-six that day from 

Q. Was any questions asked them by the board ot registration .—A. Several ques¬ 
tions were asked them but they could not answer them. . . . 

Q. Do you know anything about the requirements of the law ot registration . A. 

Q. These parties, so far as you know, were rejected because they could uot comply 
with the law, were they not?—A. that is all I know. . , 

6. Y'ou applied for registration at the time referred to and was rejected. VV by 
were you rejected?—A. Because I could not read such laws they put to me or explain 
it to their satisfaction when read to me by them. 

Q. Was that the only reason?—A. That was the only reason. 

Q. Was there any other questions asked you?—A. There was none that I remem¬ 
ber was asked. T 1*1 

Q. Did you produce your poll-tax receipt to the board of registration ? A. 1 did. 

Q. Have you ever been convicted for any criminal offense in any of the courts of 
this State?—A. No. sir; and never intend to be. 

Q. What law was read to you when you applied?—A. Portion of the constitution 
relating to larceny. 

Q. Can you read?—A. I could not read it. 

Q. Was it read to you?—A. It was. 

Q. Could you explain it?—A. I could not. 

Q. When you were rejected, did you take any further steps—serve any notice of 
appeal?—A. No. sir. 

A. this x markt Frasier. 


Sworn to before me this 26th day of January, 1897. 

[l. s.] H. W. Purvis, Notary Public. 

DANIEL PINCKNEY, sworn: 

By Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. Daniel Pinckney; age, 58; 
live in Greenpond precinct; by occupation, farmer. 

Q. Where were you on election day last, 3d of November, and what were you 
doing there?—A. I was at Greenpond at the Federal poll. I went there to vote, and 
also to direct the members of my club to vote. 

Q. Did you succeed in voting, and did they?—A. I did not, nor did they. 

Q. For whom did you all offer to vote for Congress?—A. Mr. Murray. 

Q. After offering why did you not vote?—A. The managers of election for the 
Federal poll rejected us because we had no registration certificates. 

Q. After being rejected what did you do?—A. Went and put our names down, 
which were put down by Mr. Williams, who was taking the names of those who 
were rejected. 

Q. Offering to vote and being rejected, did the men there and then make any 
declaration as to their choice for Congress?—A. They all said they desired to vote for 
Mr. Murray for Congress; he was their choice. 

Q. Why did they go to Mr. Williams to put down their names?—A. Because they 
were rejected from voting, and that he was the authorized person to take the names 
of those rejected. 

Q. What position do you hold in the Republican party or organization in this 
precinct?—A. I am president of a club. 

Q. Was any interest manifested by the Republicans of your precinct in getting 
registration certificates?—A. Yes, sir; they did try, but were refused, because they 
could not read the constitution or explain the same, when read, to the satisfaction of 
the board of registration. 

Q. If all citizens were allowed to vote at this precinct would the Republicans 
have a large or small vote?—A. They would have a large quantity. 

Q. Were the managers, Republicans or Democrats or mixed?—A. They were all 
Democrats. 

Cross-examination: 

Q. Did any ot the members of your club vote for Murray on the occasion referred 
to at the election at Greenpond?—A. Y'es, sir; seven, who had their registered 
ticket. 

Q. When did these seven, and where did they get their registration certificates?—A. 
Some got them at Walterboro, and a few at Greenpond. 

Q. You stated that a good many failed to get their registration certificates. Were 
you present when they applied, and where was that?—A. I was at Greenpond that 
morning when they tried to get them; I was there the whole day. 

Q. Was that the same time when the seven got theirs?—A. Some of them did on 
that day. 


MURRAY YS. ELLIOTT. 


155 


Q. Why did those who were rejected fail to get theirs?—A. They could not read 
the constitution or explain it to their satisfaction. 

Q* ^ h^t part ot the constitution was read to them? Can you tell what it was 
about?—A. No, sir. 

Q. Could they explain it at all?—A. They did try. 

Q. Can you read?—A. Very little, sir. 

Q. Was a part of the constitution read to you?—A. Yes, sir. 

Q* Do you remember anything about what was read to you out of the constitu¬ 
tion ?—A. I have forgotten now. 

Q. Could you explain it at the time—I don’t mean to them, the board of regis¬ 
tration, but generally render a good explanation of it?—A. I did explain it, but 
they were not satisfied. 

Q. Were there any other questions asked by the board?—A. No, sir. 

Q. Did you produce your poll-tax receipt?—A. Yes, sir. 

Q. Were you asked if you had it?—A. No, sir. 

Q. How did you come to show it?—A. 1 brought my tax receipt and my old 
register. 

Q Have you ever served any notice of appeal on the board?—A. No, sir. 

(Counsel tor contestee tries to prove witness’s capability by reading a section of 
the constitution and asking him to explain the same. 

Counsel tor contestant objects, upon the ground that it is not within the province 
ot this reference to require witnesses to give explanations of constitutional clauses; 
that feature of the law known as the understanding clause, unfairly executed, 
remaining in the judgment of a partisan board's opinion as to whether or not the 
explanation is sufficient, certainly it can not be determined here. If the witness is 
enabled to satisfy what is simply the opinion of one individual or individvals, then 
he can pass.) 

Witness declines to be tested. 

Daniel (his x mark) Pinckney. 

Sworn to before me this 26th day of January, 1897. 

[seal.] H. W. Purvis, Notary Public. 

S. D. WILLIAMS, sworn: 

By Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. S. D. Williams; age, 38; 
I live at present in Beaufort, but have been a resident of Colleton County, in the 
precinct of Greenpond; by occupation school-teacher. 

Q. Where were you on the 3d of November last, election day, and what were you 
doing?—A. I was at Greenpond election precinct, in Colleton County, at the Federal 
poll. I was authorized to take the names of parties—“voters”—who offered them¬ 
selves to vote for G. W. Murray and were rejected. 

Q. Did you take those names?—A. Yes, sir. 

Q. How many of such names did you take that day?—A. Four hundred; 431, if I 
make no mistake. 

Q. How near were you to the ballot box and managers when you took those 
names?—A. Well, as I can remember, I was in a position to see and hear what trans¬ 
pired between the voters and the managers; about nine feet from the box and man¬ 
agers. 

Q. How did you obtain those names?—A. When they were refused to vote they 
came and gave their uames to me, knowing that I was there for that business. 

Q. Can you state how they presented themselves to the managers, and what decla¬ 
ration they made, if any, to the managers and you?— A. They presented themselves 
to the managers, with the ticket of George W. Murray in their hands, and offered to 
vote said ticket. They were without registration certificates. After being rejected 
they came to me and asked to have their names taken down, as they had offered to 
vote for Mr. Murray for Congress. This I know was the case. 

Q. Have you the names so taken? Will you produce them?—A. Yes, sir. 

(Witness produces the affidavits as witnessed by him, amounting in number to 

431. 

Objected to by counsel for contestee, upon the ground that affidavits are not testi¬ 
mony. The parties themselves should have been produced in order that we could 
cross-examine them. 

Counsel for contestant submits that as to this documentary evidence this witness, 
who saw each rejected voter sign, is competent to testify as a witness to the record.) 

Q. In the making of these did or did not the rejected voter sign in your pres¬ 
ence?—A. Yes, sir; and I witnessed the same. 

Q. Is that your signature on that paper?—A. Yes, sir; S. D. Williams. 

Q. Who swore to these papers?—A. I, S. D. Williams, as a witness. 


156 


MURRAY VS. ELLIOTT. 


Q. Why was it found necessary to talse these declarations at the poll that day .. 
A. I imagine that Mr. Murray had knowledge that there was a great many voters in 
the country who did not have registration who were refused registration by the board 
of registration. I can certify that the voters could not read or explain to the board 

of registration satisfactory. . , 

Q. Were you or not in the presence ot the managers and their hearing when the 
rejected voters had you witness their statements?—A. Yes, sir; I was. 

Q. Were the managers near enough to see and hear all that transpired from the 
time the rejected voter offered to the time he signed in your presence? A. Yes, sir; 
they were. 

Q. Who assisted you that day?—A. J. F. Brown. He assisted in tilling up these 
declarations, but I was the only witness to said declarations. 

(Affidavits tiled as Exhibit A.; 

Cross-examination: 

Q. Are all of these declarations of certificates sworn to by you?—A. J es, sir; they 
are. 

Q. Did you simply swear to the fact that you had witnessed the signatures of 
these parties?—A. Yes, sir; that is all that I meant. I am the only one that swore 
to them. 

S. D. Williams. 

Sworn to before me this 26th day of January, A. D. 1897. 

[l. s.] H. W. Purvis, Notary Public . 


Exhibit A. 


Blank No. 1. 


State of South Carolina, Colleton County. 

This certifies that the undersigned, being over the age 21, male resident of the 

voting precinct Green Pond, of Ward-, and legally qualified to register and vote 

therein, did, on this, the 3d day of November, 1896. present himself at the said vot¬ 
ing precinct to vote for Geo. W. Murray, the Republican candidate for Congress in 
the First district of said State, desiring and intending to vote for the said Geo. W. 
Murray, and, upon his attempting to so vote, was denied the right to so vote, and 
his vote thus ottered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register. And he further states that if he had been permitted to register and to 
vote at said election, he would have voted for Geo. W. Murray, the Republican 
candidate for Congress in said district. 

And the undersigned further states that he is qualified even under the present con¬ 
stitution, as lie can read and write, as evidenced by the fact that he signs this in his 
own handwriting. 

Isaac Howard. 

Witness: S. D. Williams. 


Personally appeared before me and made oath that the above statement is correct. 

R. .J. Call, Notary Public . 

Green Pond, S. C., November 5, 1896. 

[Nine affidavits same as above, signed and witnessed, filed with this exhibit.] 


Blank No. 2. 

State of South Carolina, Colleton County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct Green Pond, of Ward —, and legally qualified to register and vote 
therein, did, on this, the 3d day of November, 1896, present himself at the said voting 
precinct to vote for Geo. W. Murray, the Republican candidate for Congress in the 
First district of said State, desiring and intending to vote for the said Geo. W. Mur- 
ray, and upon his attempting to so vote was denied the right to so vote, and his vote 
thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such au attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 





MURRAY VS. ELLIOTT. 


157 


to register, and iurther states that if he had heen permitted to register and to vote at 
said election he would have voted for the said Geo. W. Murray, the Republican can¬ 
didate for Congress in said district. 

Pompey (his x mark) Gillard. 

Witness: S. D. Williams. 


Personally appeared before me find made 
Green Pond, S. C., November 3, 1896. 


oath that the above statement is correct. 

R. J. Call, Notary Public. 


[h our hundred and twenty affidavits, same as above, signed and witnessed, tiled 
with this exhibit.] 

Adjourned at 4.30 o'clock, January 26, 1897, to 9 a. m., January 27, 1897. 

[ L - s ‘] H. W. Purvis, Notary Public . 


Pursuant to adjournment, the taking of depositions was resumed at Green Pond, 
Colleton County, S. C., at 9 o’clock a. m., on above date, at which was present W. F, 
Myers, esq., representing contestant, and M. P. Howell, esq., representing eontestee. 


WALLEY MYERS, being sworn, says: 

Examined by Mr. Myers: 

Q. Give your name, age, residence, occupation.—A. Walley Myers; age, 38; Green 
Pond precinct, Colleton County; by occupation, farmer. 

Q. Where were you on election day. 3d of November last, and what were you 
doing there?—A. 1 was at Green Pond at the Congressional poll. I came there to 
vote, and did vote, and assisted in enrolling the men to vote for G. W. Murray for 
Congressman. 

Q. Did they or any number of them vote for Murray that day?—A. Yes, sir; 
some voted and some did not. They were rejected because they did not have regis¬ 
tration certificates. 

Q. Why did they not have registration certificates?—A. Because they could not 
explain the constitution to the satisfaction of the board of registration. 

Q. Who were the board of registration, Republicans or Democrats?—A. Democrats. 

Q. Did the Republicans of Green Pond precinct manifest any interest in getting 
registration certificates?—A. They did. 

Q. When these voters who were rejected presented themselves to the managers of 
the poll what did they have in their hands and what did they say?—A. They had a 
ticket in their hands and offered to vote for G. W. Murray, and, when rejected, they 
went to a man'named Mr. Williams and put their names down. 

Q. How far was Mr. Williams from the managers when keeping this list?—A. 
About 5 or 6 feet; he was near enough to see and hear all that went on between the 
managers and the voters. 

Q. What—if all the citizens were allowed to vote at Greenpond precinct—what 
would be the strength of the Republican party?—A. It would be big; as near as I 
can estimate of what I saw at the polls that day, about 450. 

Q. What would be the Democratic vote?—A. At the highest not over 10 or 12. 

Cross-examination by E. H. Synder: 

Q. Are you a registered voter?—A. Yes, sir. 

Q. Did you vote on the 3d of last November at the Congressional election?—A. 
Yes, sir. 

Q. Do you know of anyone who had a registration certificate and tax receipt, as 
required by law, who wanted to vote and was not allowed to do so?—A. I do not. 

Walley Myers. 

Sworn to before me, this 27th day of January, A. D. 1897. 

• H. W. Purvis, Notary Public, [l. s.] 


State of South Carolina. 

In the matter of contest between George \V. Murray, contestant, and William Elliott, 
eontestee, for a seat in the Fifty-fifth Congress of the United States, from the 
First Congressional district of South Carolina: 

At a hearing in the above-stated case at Adams Run, in the county of Colleton, in 
the State aforesaid, before II. W. Purvis, a notary public, on the 11th day of Febru¬ 
ary, 1897, at which were present W. F. Myers, esq., representing contestant, and 
M. P. Howell, esq., representing eontestee, the following witnesses on the part of the 
contestant were examined, and the said witnesses testified as follows: 


158 


MURRAY VS. ELLIOTT. 


J. M. BROWN, a witness of legal age, produced by contestant, upon due notice to 
contestee, being duly worn, deposes as follows: 

Q. Give your name, age, residence, and occupation.—A. .J. M. Brown; age, 32; 
live at Adams Run; a farmer. 

Q. Where were you on election day, 3d of November last, and what were you doing 
there?—A. I was at the Federal poll, at Adams Run precinct, in Colleton County; 
a special manager in the absence of the regular managers, who did not put in an 
appearance. That day the polls were opened by the appointing ot managers to con¬ 
duct the Federal election, who were sworn in by Mr. J. D. Taylor, a notary public. 
I was sworn in as such manager, with S. B. Richardson and Stephen Steplight. We 
opened the poll and commenced the election as such authorized managers, and the 
voters presented themselves. Those who had registration certificates voted in said 
box, “Registration certificates under the new law; 7 ’ those who had poll-tax receipts 
presented’themselves, with their registration certificates, and voted; those who did 
not have poll-tax receipts and registration certificates were not allowed to vote. 

Q. What did you do in connection with allowing the men to vote? Did you swear 
them and keep a record of their names?—A. Yes; their names were all taken; num¬ 
ber of their certificates were taken; they were sworn. 

Q. How many such votes were taken and counted by you managers that day?—A. 
Twenty-six, which were cast for George W. Murray. 

Q. Aside from the action of special managers, why was it found necessary to fol¬ 
low the course you did?—A. To give justice on each side, and also to find an expres¬ 
sion of the registered voters for their choice for Congressman; and that choice was 
for G. W. Murray. 

Q. What else was done that day by the Republicans, those who were unregistered, 
and had poll-tax receipts?—A. Their names were taken on affidavits. 

Q. Will you state what connection you had that day with those affidavits?—A. 

I signed my name to them as a witness with Paul Jenkins. 

Q. Did those men express themselves as to choice for Congressman?—A. They 
did; for G. W. Murray. 

Q. Do you identify these, or any of them? If so, state what they are.—A. They 
are the affidavits sworn to by those people on that day—day of election. 

Q. How rnauy of them did you witness in connection with er. Jenkins?—A. All of 
them; 404. 

Q. Who did you swear to before, as a witness, on these affidavits ?—A. Before this 
gentleman; Mr. Purvis. 

(Counsel for contestant files said affidavits in evidence, marked “ Exhibit C”; 404 
in number. 

Counsel for contestee objects upon the following grounds: First, that the affiants 
are the proper persons to testify, and should be called as witnesses; second, that 
they are not in support of any allegation of the notice of contest; third, that 
the contestee is by this method deprived of the right of cross-examination of affiants, 
and for other irregularities that appear upon the face of said statements on affi¬ 
davits.) 

Cross-examination: 


Q. Brown, you say that you acted as one of the Federal managers on the day of 
election?—A. Yes, sir. J 

Q. By what authority did you act?—A. By being asked by the people and by beino- 
sworn by J. D. Taylor. J 6 

Q. Does Mr. Taylor hold any office of an official nature in this county ?—A Not as 
1 know of. 

Q. Who acted with you?—A. J. B. Richardson and Sam Steplight. 

,. < % W . her T e dld y° u S et y° ur instructions for the purpose of conducting the elec- 

Euu'; I,rough™) i«m Butl«. d,fferent >’ oIls to 80 aot ' The y 8ei '‘ *° Adams 

partyTo^°this 8 cmm^y tlei ? ~~ A ‘ He ’ 8 ^ Congre88ional chairma u of the Republican 

Q. What time did he bring those instructions to the poll that morning?—A. About 
b o’clock he brought them to this poll. 8 AUOUl 

Q. What time did you open the poll?-A. The poll opened about the same hour. 

/ y ° 1 ^ had no authority from the commissioners of election for Colleton 

County to conduct said election?—A. No. 


& 1 ? en ^ II f Bld i ler ’. /ourself, and the other two who acted with you were acting 
nth out official authority and in the interest of George W. Murray, were you not?- 

L. I suppose I was acting under official authority for George M. Murray and any 
thers who wero rminmo-for h •’ auu du y 


wu 

A. I suppose _ _ 

others who were running for Congress. 

A. Q Yel r sir°al?of them? P6r8 ° n8 just named supporters of George W. Murray?— 


MURRAY YS. ELLIOTT. 159 

Q. Who acted as youv clerk that day?—A. Richardson and one other whom I can’t 
remember. 

Q. Where did you hold the election, at what building, what place?—A. At Adams 
Run depot, in the same building. 

Q. What did you do with the record which you kept that day of the voters?— 
A. It was put in the hands of Paul Jenkins. 

Q. What papers did you turn over to Jenkins?—A. The poll list and tax is all 
that I turned over to Jenkins. 

Q. What did you do with the other papers which you spoke about?—A. The other 
papers are the affidavits, were taken care of by Paul Jenkins: they went back to 
him. 

Q. Now you say that there are 404 affidavits made by people who did not vote, and 
you identify these affidavits that are here presented as the ones that were signed 
on the day of election. Now, I want to ask you, when did you again see these affi¬ 
davits after having turned them over to Paul Jenkins?—A. I did not see them until 
yesterday, the 10th of February, 1897; again, I saw them before yesterday at Adams 
Run depot, in the possession of Paul Jenkins. 

Q. What was he doing with them?—A. He had them there looking over them. 

Q. Do you mean to say and do you swear that every person’s name who appeared 
upon these statements and affidavits came to Adams Run on the 3d of November 
last and offered to vote.—A. Yes, sir. 

Q. Was John Middleton there that day?—A. Yes, sir. 

Q. Do you know John Middleton?—A. By my name being there as a witness, but 
could not identify every man personally. 

Q. Do you know .Tack Lockwood?—A. Not personally; I only know them as they 
gave their names to me, and I witnessed their signatures, or marks. 

Q. How many of these 404 persons do you know personally?—A. About 25. 

Q. I notice on a lot of these statements, iu fact, all of them, the name of L. W.. 
Easaw. How came that name there?—A. He was appointed as an assistant mana¬ 
ger. 

Q. Who scratched his name out?—A. I saw H. W. Purvis do it. 

Q. I see on another package the name of A. B. Brown also scratched out. How 
came that name there and who scratched that name out?—A. He was appointed as 
an assistant clerk, and FI. W. Purvis scratched his name out on the papers. 

Q. When did he scratch these names out?—A. Yesterday. 

Q. You have not a very good memory, have you?—A. No; my memory is not very 
good. 

Q. The persons who you say signed these affidavits did not appear before the no¬ 
tary who signed them, did they?—A. No, sir. 

Q. Who attended to getting these people who came to vote and could not to sign 
these affidavits?—A. Myself and Paul Jenkins. 

Q. Were you not acting as one of the managers of election?—A. Yes, sir. 

Q. How could you conduct the election and at the same time conduct Murray’s 
campaign?—A. They asked if there was any place where they could have their 
names put on an affidavit; there was a place right here for it, and they were told to 
go there. 

Q. Who was keeping that place?—A. The same names that are scratched out—L. 
W. Easaw and A. B. Brown. 

Q. None of the people who signed these papers had registration certificates, did 
they?—A. No, sir. 

J. M. Brown. 

Sworn to before me this 11th day of February, 1897. 

[seal.] H. W. Purvis, Notary Public. 


Exhibit C. 

* Blank No. 2. 

State of South Carolina, Colleton County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct Adams Run, of Ward —, and legally qualified to register and vote 
therein, did. on this, the 3d day of November, 1896, present himself at the said 
voting precinct to vote for Geo. W. Murray, the Republican candidate for Congress 
in the First district of said State, desiring" and intending to vote for the said Geo. 
W. Murray, and, upon his attempting to so vote, was denied the right to so vote, and 
his vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South 
Carolina, being entitled to such registration, but had been refused and denied the 


160 


MURRAY VS. ELLIOTT. 


right to register, and further states that if he had been permitted to register and to 
vote at said election, he would have voted for the said Geo. W. Murray, the Repub¬ 
lican candidate for Congress in said district. 

Titus T. McKay. 

Witnesses: 

Paul Jenkins. 

J. M. Brown. 

Personally appeared Paul Jenkins and J. M. Brown and made oath that the above 
statement is correct. 

[seal.] H. W. Purvis, Notary Public. 

Adams Run, S. C., February 18, 1897. 

[297 affidavits same as above, signed and witnessed, filed with this exhibit.] 

Blank No. 1. 


State of South Carolina, Colleton County: 

This certifies that the undersigned, being over the age 21, male resident of the 

voting precinct Adams Run, of Ward-, and legally qualified to register and vote 

therein, did, on this the 3d day of November, 1896, present himself at the said vot¬ 
ing precinct to vote for Geo. W. Murray, the Republican candidate for Congress in 
the First district of said State, desiring and intending to vote for the said Geo. W. 
Murray, and upon his attempting to so vote was denied the right to so vote and 
his vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and he further states that if he had been permitted to register and to 
vote at said election he would have voted for Geo. W. Murray, the Republican can¬ 
didate for Congress in said district. 

And the undersigned further states that he is qualified, even under the present 
constitution, as he can read and write, as evidenced by the fact that he signs this 
in his own handwriting. 

John Middletion. 

Witnesses: 

Paul Jenkins. 

J. M. Brown. 

Personally appeared before me Paul Jenkins and J. M. Brown and made oath that 
the above statement is correct. 

[seal.] H. W. Purvis, Notary Public. 

Adams Run, S. C., February 10, 1897. 

[One hundred and six affidavits, same as above, signed and witnessed, filed with 
this exhibit.] 


PAUL JENKINS, sworn: 

Examined by Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. Paul Jenkins: age, 55; live 
at Adams Run, county of Colleton; a farmer. 

Q. Where were you on election day, the 3d day of November, last, and what were 
you doing there?—A. I was at Adams Run voting precinct, at the Congressional poll, 
acting as a witness of the voters who had not registration certificates and sio-necl 
their names on the affidavits, No. 2, by making their crosses, and on No. 1 by signing 
their names themselves. They expressed their desire to have voted for George W 
Murray if they had had the opportunity. 

Q. How many names did you witness on these two forms? 

(Counsel for contestee objects to witness testifying in relation to said affidavits, 
as to what was said by affiants, as to their intention,"and as to who thev intended 
to vote for.) J 

A. No. 2, 297; No. 1, 107; total, 404. 

Q. Do you identify these papers, or any of them? If so, state what they are.—A. 
Yes ; these are the affidavits made on the 3d day of November, and witnessed by 
myself and J. M. Brown. J 

Q. Under what conditions were these papers signed and witnessed?—A. They had 
no registration certificates, and were rejected from voting; stated they desired to 
vote lor Murray, but were not allowed to vote. 

Q. Did they know what they were signing?—A. Those who could not read or write, 



MURRAY VS. ELLIOTT 


161 


the affidavit was read to them and they signed one. The others, who could read, read 
them and signed them. To some it was read to and they signed them, and I and 
J. M. Brown witnessed them. 

Q. Did those who were appointed managers by the board of Federal commission¬ 
ers, or any of them, appear at the polling place that day?—A. None of them. 

Q. Do you know who they were?—A. I did see the managers, or some of them, 
here that day, but they did not act—refused to act at any time during their appear¬ 
ance. I think M. \V. Simmons was one of them here. He was here before the hour, 
and said that there was no box or poll list here, or the instructions. He was ready, 
but could not act without them, “this was the Congressional poll.” 

Q. Of what party is M. W. Simmons and others that usually act as managers at 
this poll?—A. The Democratic party. 

Q. Mr. Simmons and his associates failing to act, did the voters do anything in 
reference to carrying on the election that day?—A. The Republican voters who were 
in favor of Murray organized as soon as possible and appointed managers, and as 
soon as they got their managers selected they went to Mr. J. D. Layton, who is a 
notary public, and asked him to come and swear the persons as managers, which ho 
did, and the men acted that day. They were Sam Steplight, S. B. Rickardson, and 
S. J. Meggett. 

Q. What facilities are offered the voters in this parish for voting?—A. There is but 
one poll, Adams Run precinct. Some of the voters have to come the distance from 8 
to 15 miles to vote. 

Q. If all citizens of legal age were allowed to vote what party would be in the 
majority?—A. The Republican party, by at least 300 or more. 

Q. What interest, if any, was manifested by the Republicans of your section to get 
registration certificates?—A. They made every effort. They met the board here and 
tried to get registered. Some even went to Walterboro to obtain them, a distance of 
35 miles. 

Q. How many days were fixed at this poll for registration?—A. One day. 

Q. Was there any interest manifested in the candidacy of Mr. Murray by the 
Republicans of your section?—A. Yes, sir. Men have raised clubs and money in 
assisting in his election. Many meetings were held where he was indorsed. 

Cross-examination: 

Q. How many men do you know, personally, who applied for registration certifi¬ 
cates and did not get them?—A. I saw Daniel Gordon, Sam Fraiser, and Isaac Stan¬ 
field, and several others I don’t know; in the aggregate not more than four. 

Q. How many do you suppose appeared at Adams Run on the day of registration 
here?—A. About 60 or 70. 

Q. You don’t know of any rejections that took place up at Walterboro?—A. No. 

Q. How many persons appeared here on the day of election who had registration 
certificates, and did vote?—A. Twenty-six, or 30; they all voted for Murray, but I 
think there was 30 votes cast—4 for Cohen—of which 26 of them, I am certain, were 
cast for Murray. 

Q. None of the persons whom you speak of as having signed these affidavits had 
registration certificates?—A. No, sir. 

Q. Were all of these people, who you say signed these affidavits, at Adams Run on 
the day of the election, and did you see them sign each affidavit?—A. They were 
here, and I saw each of them sign these affidavits. 

Q. Who read them over?—A. L. W. Easan. 

Q. These affidavits were prepared and sent to this poll by Murray before the elec¬ 
tion, were they not?—A. Yes, sir; in those blank forms. 

Q. Do you not know that this was arranged for before the election; that the 
voters, whether they had a certificate, should come and offer to vote, and their names 
should be signed to these affidavits?—A. Yes, sir. 

Q. All of the managers of the poll you speak of as having been organized, and all 
the persons you speak of, were supporters of Murray, were they not?—A. No, sir; all 
were not—all but one. Sam Steplight; he was for Cohen. 

Q. The affidavits which you have identified were not sworn to by the persons who 
•signed them, were they?—A. No. 

Redirect: 

Q. The managers usually appointed to conduct elections are the supporters of what 
nominee?—A. Of the Democratic nominee. 

Paul Jenkins. 

Sworn to before me this 11th day of February, 1897. 

[seal.] H. W. Purvis, Notary Public. 


17745 - 11 



162 


MURRAY VS. ELLIOTT. 


S. B. RICHARDSON, sworn: 

Examined by Mr. Myers: 

Q. Give your name, age, residence, and occupation.—A. S. B. Richardson ; age, 
34; live at Adams Run; a farmer. 

Q. Where were you on election day, 3d of November last, and wliat were you doing 
there?—A. I was at Adams Run voting precinct, federal poll; acting as a manager 
of election at the Federal poll. 

Q. Under what circumstances were you appointed manager?—A. By the people, 
the regular managers not appearing; and the people selected three persons to act, 
and were sworn in as such by J. D. Taylor, a notary public. I, S. J. C. Meggett, 
and Sam Steplight were the persons who so acted as managers. Alter being sworn 
in, I, as one of the managers—as chairman of the board—swore those who came and 
offered to vote and who had registration certiiicates, and they voted. I took their 
names and numbers of their certificates on a sheet ol paper. 

Q. Did you count the votes after the close of the poll, and make a return of the 
same?—A. I did. 

Q. What are these papers (counsel handing witness papers) ?—A. They are the 
tally sheet, and the names of those who voted, and the number of their certificate. 

Q : How many of them voted that day?—A. Thirty-one as shown by this record. 

Q. What does the tally sheet show?—A. Twenty-six for Murray and 5 for Cohen. 

Q. What did the voters who had no certificates do?—A. They presented them¬ 
selves to me, as a manager of the election, and offered to vote for George W. Murray, 
and I thiuk, too, for Cohen. I asked for their registration certificates and they could 
not show them. A great many showed their poll-tax receipts and I rejected them 
afterwards. I saw a great many of them go and make affidavits of what they offered 
to do—vote for G. W. Murray. These affidavits were in the charge of Paul Jenkins 
and J. M. Brown. 

Q. Was J. M. Brown, a manager, associated with you that day, or in any way a 
manager?—A. No; he was not associated with me as a manager, but was a manager 
of the affidavits. 

Q. What were the facilities, so far as polling places are concerned, offered to the 
voters of your section?—A. There is but one, this one, “Adams Run;” many have 
to come 10 or more miles. 

Q. How do most of them reach the poll?—A. They have to walk. 

Q. What party, if all the legal citizens were allowed to vote, would be iu the ma¬ 
jority?—A. The Republican party would be. 

Q. Did we have a special election for the calling of a constitutional convention in 
this State?—A. Yes, sir; I don’t remember the time. 

Q. Did we have such a constitutional convention?—A. l r es, sir. 

Q. I 11 the calling of that convention were any restrictions placed on voters? 

(Counsel for contestee objects to any testimony in reference to the conduct of a 
special election for a constitutional convention as irrelevant to any of the allegations 
in the notice of contest.) 

A. Yes; they had to have registration, 

Q. Did many, to your knowledge, have registration certificates?—A. Not many 
colored, and therefore could not vote. 

Q. After the completion of the constitution by the convention, was it submitted to 
the people for ratification, or did the people have a chance if they would accept it or 
not?—A. No, sir; the people had no chance to approve of it; it was not submitted to 
them. 

(Counsel for contestant files poll list and tally sheet, offered in evidence, marked 
“Exhibit F”) 

Counsel for contestee objects to the introduction of these papers upon the grounds, 
first, that it does not appear to be an official record of any of the election officers of 
this county and such a record as is authorized by the election laws of this State; 
that the same was made up by persons unauthorized to do so, and the supporters of 
the contestant; that, upon its face, it appears to have been sworn to this day, and 
kept, not as the returns of an election, but as evidence in behalf of the contestant.) 

Cross-examination: 

Q. Where were you on the day the election was held to ratify the constitution of 
1895?—A. Adams Run. 

Q. When was the constitutional convention held?—A. Some time in 1895. 

Q. Where was it held?—A. I don’t know where; I am not a politician. 

Q. What did you do with these papers, this return, as manager of election, after 
the election?—A. Those papers were turned over to Paul Jenkins with the rest of 
the papers. 

Q. Was Paul Jenkins a commissioner of election for this county?—A. Not that I 
know of. 


MURRAY VS. ELLIOTT. 


163 


Q. Tsow, \ on say that all the voters who came here that day, and who had no cer¬ 
tificates, told you that they wanted to vote tor Murray. Did each and every voter 
state for whom he wanted to vote? Did you ask him the question?—A. He stated it 
himselt without being asked. 

Q. How can you remember what 400 people said on the day of election and at the 
same time keep a poll list and swear voters?—A. I did not remember anything of the 
kind; did not say anything like that. 

Q. Yon don't know what they all said?—A. No; do not. 

S. B. Richardson. 

Sworn to before me this 11th day of February, 1897. 

[SEAL.] . H. W. Purvis, Notary Public. 


Exhibit F. 
Tally sheet. 


State South Carolina, Colleton County, November 3, 1896: 

0eo. b . Murray ............................................. . v v v v 1 

W. Cecil Cohen. 

J. P. Latimer. v v' 

B. O. Dunkin. v T 

S. B. Richardson, 

S. E. Steplight, Managers. 


State of South Carolina, County Colleton, November 3, 1896: 


Pegistrations at Adams Ilun precinct. 


Name. 

No. ; 

Name. 

No. 

R. T. Bowman. 

. 631 

C. C. Gant . 

1306 

J. T. Brown. 

. 1254 

R. C. Smalls . 

1296 

S. J. C. Meggitt. 

. 1253 

J. E. J ones 

1268 

James Green. 


J. D. Elliott. 

1299 

Samuel Steplight. 

. 1291 

J. Nathan. 

1295 

E. I). Bennett. 

. 3078 

R. R. Tolbert. 

1297 

S. B. Richardson. 

. 1267 

Paul Jenkins. 

1119 

D. Norris. 

. 462 

S. B. Butler._.. 

1286 

Wash. Gordon. 

. 2790 ! 

J. C. Moultrie. . 

1310 

B. F. Polite. 

. 1303 | 

E. W. Lockwood. 

512 

Oins White. 

. 1300 ! 

R. H. Nickel. 

1314 

Robert Simons. 

. 650 

J. W. Truesdel. 

1286 

Shirman Smalls. 

. 1292 I 

Joseph G. Brown. 

1305 

Samuel Brown. 

. 1304 1 

R. T. Edwards. 

2740 

Ben. Edwards. 

. 2745 

J. H. Hendeison. 

1301 

B. J. Boston. 

. 2777 1 




We certify under oath that the names and numbers are of those who hold regis¬ 
tration certificates and poll-tax receipts and who voted in the box provided for 
Congressional candidates the 3d of November, 1896, at which we acted as managers. 

S. B. Richardson, 

S. E. Steplight, 

Special Managers. 

Sworn to before me this 11th of February, 1897. 

[seal.] H. W. Purvis, Notary Public. 

S. E. STEPLIGHT, sworn: 

Examined by Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. S. E. Steplight: age, 27; 
live at Adams Run; a farmer. 

Q. Where were you on election day, 3d of November last, and what were you doing 
there?—A. I was at the Federal poll, Adams Run precinct, acting as a manager of 
election with S. B. Richardson, S. G. Meggett. 

Q. What class of men did you receive votes from on that day?—A. We received 
votes from those men who had registration certificates and poll-tax receipts. 

Q. Do you know that a special election was held in this State for a constitutional 
convention; if so, when?—A. Yes; August, 1896. 















































164 


MURRAY VS. ELLIOTT. 


Q. Was any restrictions placed on the voters at that election?—A. \ es; those who 
were not registered could not vote. 

Q. After the passage of the constitution was it submitted to the people tor ratifi¬ 
cation?—A. No, sir. 

Cross-examination: 

Q. Stoplight, what did that convention do when they met?—A. I can’t exactly 
say; can’t answer it. 

Q. Under what constitution do you now live?—A. Under the constitution of the 
State, the one governed by the Democratic party. 

Q. Did you ever read that constitution?—A. I have read a part of the constitution 
that I had to read when 1 got my registration certificate; that is all I ever read. 

Q. What Congressional district do you live in?—A. The First. 

S. E. Steplight. 

Sworn to before me this 11th day of February, 1897. 

[seal.] H. W. Purvis, Notary Public. 

LOUIS SMALLS, sworn: 

Examined by Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. Louis Smalls; age, 54; 
Adams Run; a carpenter. 

Q. Did you vote on election day? If not, why?—A. I did not vote; I had no regis¬ 
tration certificate; I offered to vote for Murray, but was rejected; I made an affidavit 
to that effect, which was witnessed by Paul Jenkins; I tried to get a registration 
certificate, once here when the registration office was open here, and once at Waiter- 
boro, and each time was rejected because I could not read or explain the constitution 
to the satisfaction of the board; I am not liable to poll tax, being over age—54 years 
old. 

Cross-examination: 

Q. What section of the constitution did they ask you to read?—A. I declare I 
disremember. 

Q. Can you read?—A. No, sir. 

Q. Did the officers read to you any section of the constitution?—A. Yes, sir; they 
did. 

Q. And asked you to explain it?—A. And I could not. 

Q. What district, Congressional, do you live in?—A. Second; I mean the First. 

Q. What county and parts of counties form the First Congressional district?—A. 
Colleton County in part, and the others I don’t know. 

Q. How long have you been living in this precinct?—A. Twenty years; and this is 
the only voting place that I ever voted. 

Q. Do you know of any other voting precinct being established at any time?— 
A. No. 

Louis (his x mark) Smalls. 

Sworn to before me this 11th day of February, 1897. 

[seal.] H. W. Purvis, Notary Public. 

Adjourned at 4 p. m., February 11, to 10 a. in., February 12,1897. 

Pursuant to adjournment, the taking of depositions was resumed at Adams Run 
Depot at 10 a. m. on above date, at which were present W. F. Myers, esq., represent¬ 
ing contestant, and M. P. Howell, esq., representing contestee. 

D. E. GORDON, sworn: 

Examined by W. F. Myers, Esq.: 

Q. Give your name, age, residence, and occupation.—A. D. E. Gordon; ao-e 45* 
live at Adams Run precinct; a farmer. 

Q. Did you vote on election day, or offer to vote on the 3d of November last?_A. 

I offered to vote for George W. Murray, but did not succeed; I was rejected by the 
managers because I had no registration certificate. 

Q. After being refused voting what did you do?—A. I signed a blank; I don’t 
remember what they were. 

Q. Can you give a reason why you signed that blank?—A. Because I did not have 
a registration certificate. 

Q. Did anyone witness you signing?—A. Yes; Paul Jenkins witnessed it 

Q. Did you read, or anyone read for you, the blank?—A. A. S. B. Richardson read 
it to me. 

Q. Then you knew what you were signing?—A. I knew it then. 


MURRAY YS. ELLIOTT. 165 

Q. Did you see auy others who were rejected sigu blanks that day?—A. Yes; I 
saw some two or three. 

Q. You said you had no registration certificate. Did you try to secure one, and 
what are the conditions of your failure?—A. Yes; I made application to obtain a 
certificate, but the supervisors of registration at Adams Run precinct, where the 
office was opened, said I did not read to their satisfaction. 

Q. What was the conduct of the supervisors of registration in putting the test as 
between the white applicants and the colored?—A. They would put the colored 
people to read, and the whites they simply swore in a bunch and gave them tlieir 
certificates. 

Q. Did they not require the whites to read and explain as they did the colored?— 
A. I saw myself while standing outside the window, where they could not see the 
book, swear them outside of the window. They did not require them to read or 
explain. 

Cross-examination: 

Q. You name some of the white men you saw sworn and given certificates with¬ 
out being required to read or explain the constitution?—A. Rosier Miller, Kenyon 
Bunch, and two or three more who they swore whom I can not now remember. I 
left shortly after I was rejected. 

Q. How long did you remain after you were rejected at the registration office?— 
A. About an hour or so. 

Q. They rejected you, you say, because you could not read?—A. Yes, sir; to tlieir 
satisfaction. 

Q. What section of the constitution did they give you to read?—A. The sixth 
page and the second section. 

Q. What article?—A. I can’t remember. 

Q. Did you read it; all of it that they gave you to read?—A. I did not read all of 
it, because I could uot pronounce the syllables, not all of them. 

Q. You say that you come to the election and offered to vote?—A. Yes, sir ; I did. 

Q. Didn’t you know that you could not vote, having failed to comply with the 
registration laws?—A. I knew I could not vote, as I did not have the registration 
certificate. 

Q. Then why did you go to the polls ?—A. To sigu one of those blanks kept by 
Paul .Jenkins. 

Q. What was printed on that blank?—A. I disremember now. 

Q. Have you ever seen that blank since you signed it?—A. No, sir; never since. 

Q. Who was the Republican candidate for a seat in the Fifty-fifth Congress?—A. 
Geo. W. Murray. 

Q. What Congressional district do you live in?—A. Colleton. 

Q. Was all of the registration officers here that day, or one or two of them?—A. 
There was three here. 

Q. How many people did you see offer to register during that hour, white and 
black?—A. I saw two or three white and two or three colored. 

Q. You went home?—A. I stayed about an hour or so. 

Q. What time of day did you go to the registration office?—A. Between 9 or 10 
o’clock. 

Q. What time did you get to the election?—A. About 10 o'clock that day, and 
stayed until 3 o’clock p. m. 

Q. Did you stay at the polling place that day ?—A. Sometimes I was at the corner 
by Mr. Rainer’s. 

Q. Was there another polling place held here that day?—A. \es, sir. 

Q. That was the State and county poll?—A. Yes; I thiuk it was. 

Q. Did you see on that day a large number of Democrats at Adams Run precinct?— 
A. No, sir; there was a very few at a time that I saw; they came in and out. 

Q. Do you know about how many votes were cast at the State election?—A. No, 

sir; I do not. . 

Q. Do you know how many or about how many Republicans are registered at this 
precinct?—A. No, sir; 1 could not tell. 

D. E. Gordon. 

Sworn to liefore me this 12th day of February, 1897. 

fSEAL.l H. W. Purvis, Notary Public. 


PRIMAS WARD, sworn: 

Examined by Mr. Myers: 

Q. Give your name, age, residence, and occupation.—A. Primas Ward; age, 54; 
live at Adams Run precinct; by trade, a shoemaker. 

Q. Did you vote on election day, 3d of November last, or offer to vote?- A. 1 did 
not vote, but I offered to vote for Geo. W. Murray for Congress. 


166 


MURRAY VS. ELLIOTT. 


Q. Offering 1 to vote, and being rejected, what did you do?—A. I went to the 
managers and got one of those blanks and I signed my name to it and it was wit¬ 
nessed by Joseph Brown and Easau. 

Q. Did you see any others who were rejected that day, sign these blanks, either 
by cross or signature?—A. Yes, sir; I saw a good many sign that day. 

Q. Did you all know the nature of these papers signed that day? If so, how did 
you know it?—A. Yes, sir; because that was the only way that we could show that 
we intended to vote for Geo. W. Murrary. 

Q. Did you try to get your registration certificate? If so, at what time and 
place?—A. I did try to get it at Adams Run polling precinct the day that the 
supervisors were here. 

Q. Why did you not get it?—A. I could not explain the constitution as they said or 
required. 

Q. Was there any difference shown between the white and colored applicants that 
day by the supervisors of registration that day?—A. Yes, sir; the difference was 
that the white men went up 3 and 4 together, and they held up their hands at the win¬ 
dow and the supervisor read a certain portion of a law to them and gave them their 
certificates, and the colored men had to read the constitution and explain it, and by 
not being able to do so they could not get their registration certificates. 

Q. From this conduct would you or not say that the colored men were discrimi¬ 
nated against on account of their color? 

(Counsel for contestee objects to the witness giving his opinion, as the facts, as 
they took place, is the only competent testimony and not the opinion of an illiterate 
witness.) 

A. They were. 


Cross-examination : 

Q. Ward, from whom did you get the paper you signed on the day of election?— 
A. I got it from Joseph Brown. 

Q. Who told you to sign it?—A. No one. 

Q. Then you signed the paper, that you did not know what was printed or written 
on it?—A. I did know. 

Q. Then state what was on it.—A. That paper was because I could not register, 
and that I would vote for Geo. W. Murray. 

Q. Who told you that?—A. No one. 

Q. Can you read?—A. A little. 

Q. Did you read that paper?—A. I did a little. 

Q. You did not read it all?—A. I read enough to know that paper was in favor of 
Murray. 

Q. Did it have anybody’s name on it?—A. No one. 

Q. Name some of the persons that the registration officers gave certificates without 
complying with the law.—A. I was present when he gave it to Easier, Miller, 
Bunch, don’t know his Christian name, and a white man named White, that is all 
that I am acquainted with. 

Q. Did you see anybody get them besides those three?—A. I saw one or two colored 
men get them who could read enough to put a man in heaven. 

Q. How long did yon stay at the registration office?—A. Off and on nearly all 
day. 

Q. Did the officers read anything to Miller, Bunch, and White?—A. Yes, sir; they 
read the constitution. 

Q. What section of the constitution did you try to read?—A. 1 tried to read 
section 4. 

Q. What did it read about?—A. I really coujd not tell right now. 

Q. Take this constitution and read section 5. 

(Counsel for contestant objects as the intellectual test of the witness is not required 
to be made here, witness having already been subjected to that test bv the super¬ 
visors of registration.) 

A. I refuse to read. 


Sworn to before me this 12th 

[SEAL.] 


day of February, 1897. 


Primas Ward. 


H. W. Purvis, Notary Public . 


State of South Carolina. In the matter of contest between George W. Murrav con¬ 
testant, and William Elliott, contestee, for a seat in the Fifty-fifth Congress of 
the United States from the First Congressional district of South Carolina. 

At a hearing in the above-stated case at Adams Run Depot, in the county of 
Colleton, in the State aforesaid, before H. W. Purvis, notary public, on the 12th day 
of lebruary, 1897, at which were present W. F. Myers, esq., representing contestant, 
and M. P. Howell, esq., representing contestee, the following witnesses on the part 
of the contestant were examined, and the said witnesses testified as follows. 


MURRAY VS. ELLIOTT. 167 

0. J. JONES, a witness of legal age, produced by contestant, upon due notice to 
contestant, being duly sworn, deposes as follows: 

Q. Give your name, age, residence, and occupation.—A. O. J. Jones; age, 53; lives 
at Delemars precinct, in Colleton County; a farmer. 

Q. Was there any voters who ottered to vote on the day of the election, 3d of 
November last, who were rejected at your poll?—A. There was a good many; they 
offered to vote for George W. Murray, but were rejected, and after being rejected 
they went to the men who kept the blanks and made a declaration of their being 
rejected; they belonged to the Republican party. 

Q. Why were these men rejected?—A. Because they did not have registration cer¬ 
tificates. They had their poll-tax receipts. 

Q. Who kept the forms or blanks signed by the rejected voters?—A. I don’t know. 

Q. Who kept the forms or blanks signed by the rejected voters?—A. They were 
Joseph Singleton and E. J. Furby. 

Q. Did the Republicans of your precinct make any efforts to secure registration 
certificates ? If so, state the circumstances of such efforts.—A. They did make 
efforts to obtain them; that is, from the time that I saw that we would have to get 
our registration ticket to a certain time; and before that time there was a change 
made in it; that is, the men who came around to issue the certificates, “supervis¬ 
ors,” in issuing these registration tickets, taken four at a time—four whites and four 
colored. They made the four colored read, and if they read good enough to get 
their certificates they gave them to us. The four that went up with me, I was the 
only one out of the four that got a certificate, and I believe that the other three 
read as good as I did and should have got theirs, too. I mean four white men were 
taken in and afterwards four colored. Then four white men went up; as to whether 
they read or not I can t say, but I do know that three of them could not read—don’t 
know anything about reading. Whether they got their certificates I do not know, 
but I saw them vote on the day of election. Don't know if they showed their cer¬ 
tificates or not. 

Q. Then you do not know whether the supervisors made a difference between the 
white and colored applicants in issuing certificates to them or not ? —A. They did 
make a difference. 

Q. Please tell what that difference or differences were.—A. Because there was a 
colored man up in there when the first four white men went up, and they made him 
come down before they examined the four white men; this was up in a cotton-gin 
house, where the board held their office. 

Q. Do you know of any other case that day?—A. No, sir. 

Q. Did the Republicans manifest any interest in trying to get their registration 
certificates?—A. Yes, sir; they were there in great numbers trying to get their cer¬ 
tificates. 

Cross-examined: 

Q. Did you hear the officers tell this colored man he must go out?—A. Yes, sir. 

Q. What was he doing up there?—A. I could not tell; I met him up there at the 
time when the first four went up. 

Q. Where did you meet him?—A. I met him after he came down from the gin- 
house loft; on the ground he came up right abreast of me. 

Q. You say they were having some trouble to get him away—to get him down ?— 
A. Yes, sir; I say so. 

Q. Why?—A. Because I heard what they said as he was coming down the stairs. 

Q. Why did they have any trouble to get him to come down?—A. They said to 
him that “Your turn will come, and when it comes we will serve you. ’ 

Q. Now, when you went in with the others, which you spoke of, and after getting 
your certificate, did you not have to go down to make room for others?—A. I did so, 
but the four of us went down together. 

Q. After going down could you see and hear what each applicant said and did 
when he applied for his certificate?—A. I could see if a man took a book in his hand 
to read or not, and I never saw a one take a book in his hand. I could hear if they 
talked loud enough. 

Q. Could you hear what a man said up there down on the ground where you 
were?—A. I could not hear all. 

Q. Were you at the election?—A. I was. 

Q. Stay there all day?—A. No, sir. 

Q. Who were the managers of election?—A. I don’t know all. Joseph Bivens was 
at the Federal box. He was the only one that I knew. 

Q. Did you vote?—A. I did. 

Q. Do you not know that everybody who held a registration certificate and ottered 
to vote was permitted to do so?—A. Those who had it and ottered to vote voted. 

O. J. Jones. 

Sworn to before me this 12th day of February, 1897. 

fSEAL.l H. W. Purvis, Notary Public. 


168 


MURRAY VS. ELLIOTT. 


M. M. MIDDLETON, sworn: 

Examined by Mr. Myers: 

Q. Give your name, age, residence, and occupation.— A. M. M. Middleton; age, 31; 
lives Delemars precinct, in Colleton County; a tanner. 

Q. Where were you on election day, 3d of November last, and what were you 
doing there?—A. 1 was at Delemars polling precinct, at the Federal poll; I went 
there to vote and witness this blanks of people who were not registered and who 
offered to vote for Mr. Murray and were rejected. 

Q. After being rejected, what did those voters do?—A. They would sign their 
names on the blanks. 

Q. What else was done to them after they signed their names?—A. I signed it then, 
as a witness, with E. J. Firby and T. H. Pinckney. 

Q. Did the men who signed these declarations have any knowledge of them? If 
so, how did they get it?—A. Yes, sir; there was two blanks kept. One blank was 
for those who could read and write their own names; the other was lor those who 
could not read and write. Those who could read and write read the blank before 
signing it; those who could not read or write, we would tell them what was on it 
before they signed it. 

Q. Do you identify these? If so, what are they [counsel handing package to wit¬ 
ness]?—A. Yes, sir; they are the blanks that I witnessed on the 3d of November 
last with T. H. Pinckney and E. J. Firby. 

Q. Are you prepared to swear to the genuineness of these, and did you at any 
time make such a declaration to any officer?—A. Yes, sir; I am prepared to swear 
to them, and I did make such a declaration to Mr. Purvis as to that being my 
signature. 

Q. How many of such declarations were made, and what, day they were made?— 
A. There are 180 of them, and they were made on the 3d day of November last. 

(Counsel for contestant hies the 180 affidavits in evidence as Exhibit E. 

Counsel for contestee objects to the introduction of said statements, first, that 
the affiants themselves are the proper persons to testify, and should be called as wit¬ 
nesses; second, that they are not in response to any of the allegations in the notice 
of contest; third, that the contestee is deprived of the right of cross-examination.) 

Q. Was any interest manifested by the Republicans of your precinct in efforts to 
get registration certificates?—A. Yes. sir; there was a great many of them weut to 
Walterboro, at a distance of 20 miles. 

Q. How many days were allowed at your precinct for registration, and the balance 
of the time where did they go?—A. Only one day at my precinct, and the balance of 
the time they were forced to go to Walterboro. 

Q. Do you know if any special election was ever held for the calling of a consti¬ 
tutional convention? 

(Counsel for contestee objects upon the ground that this question is irrelevant to 
the issue; forms no part of the contest.) 

A. Yes, sir. 

Q. Was such convention held, and did they make a constitution?—A. Such a con¬ 
vention was held, and they made a constitution. 

Q. Was that constitution ever submitted to the people for ratification?—A. It was 
not. 

Q. In voting for the constitutional convention, were any restrictions placed on 
voters?—A. Yes; those who had registration certificates could vote, those who did 
not have them could not vote; they required registration certificates. 

Q. In the issuance of such registration certificates to what extent, if any, were 
discriminations made against Republicans and colored men?—A. There was a great 
discrimination made; not half of the Republicans could not get registered, although 
they tried; I know of several who went with me and could not get them. 

Cross-examination: 

Q. Middleton, explain the difference between the old registration law and the jires- 
ent registration law?—A. The old registration law required you to go to Walterboro 
to get them, the present one requires to read a section of the constitution, or ex¬ 
plain when read to you. 

Q. Have you got a copy of the last constitution?—A. I have one at home. 

Q. How many colored men registered at your precinct under that constitution?— 
A. Nineteen or twenty. 

Q. Did they not vote on the day of election?—A. They did. 

Q. Did you vote?—A. Yes. 

Q. Who were the managers at the Federal box?—A. J. D. Bivens and J. L. Platt 
Those are the only two that acted that day. 

Q. How many votes did Murray get there that day?—A. He got 20 in the box. 

Q. None of these men who you spoke of as coming up there and offering- to vote 
that day—did they not offer to vote for anyone but Murray?—A. For no one else. 


MURRAY YS. ELLIOTT. 


169 


Q. Who did they tell for whom they wanted to vote?—A. They told Pinckney, 
Furby, and myself, and told the managers they wanted to vote. I don’t know they 
told them who for or not. 

Q. Did you not call them after they had offered to vote, to come and sign the 
blanks which you had?—A. No; they came themselves. 

Q. How did they know what you were doing?—A. Plenty of them had them them¬ 
selves; they knew what they were doing. Besides that, Mr. Murray sent us a letter 
what to do and this was read out to them. 

Q. Then they signed those blanks to carry out the instructions received from 
Murray?—A. They signed it to show that they ottered to vote and were rejected. 

Q. A\ hat became ol those blanks the day after the election?—A. They were sent 
to Mr. Myers, at Walterboro. 

Q. Have you ever seen them since?—A. Not until to-day. 

M. M. Middleton. 

Sworn to before me this 12th day of February, 1897. 

[seal.] H. W. Purvis, Notary Public. 


Exhibit E. 

Blanlc No. 1. 

State of South Carolina, Colleton County: 

This certifies that the undersigned, being over the age 21, male resident of the voting 
precinct of Delemars, and legally qualified to register and vote therein, did, on this, 
the 3d day of November, 1896, present himself at the said voting precinct to vote for 
Geo. W. Murray, the Republican candidate for Congress in the First district of said 
State, desiring and intending to vote for the said Geo. W. Murray, and upon his 
attempting to so vote, was denied the right to so vote, and liis vote thus offered to 
the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and he further states that if he had been permitted to register and to 
vote at said election he would have voted for Geo. W. Murray, the Republican can¬ 
didate for Congress in said district. 

And the undersigned further states that he is qualified even under the present con¬ 
stitution, as he can read and write, as evidenced by the fact that he signs this in his 
own handwriting. 

Sam Lawrence. 

Witnesses: 

E. J. Furby. 

M. M. Middleton. 

Personally appeared Sam Lawrence, and made oath that the above statement is 
correct. 

[seal.] H. W. Purvis, Notary Public. 

Delemars, S. C., January 15, 1897. 

[Fifty affidavits, same as above, signed and witnessed, filed with this exhibit.] 

Blank No. 2. 

State of South Carolina, Colleton County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct Delemars, and legally qualified to register and vote therein, did, on 
this, the 3d day of November, 1896, present himself at the said voting precinct to 
vote for Geo. W. Murray, the Republican candidate for Congress in the First district 
of said State, desiring and intending to vote for the said Geo. W. Murray, and, upon 
his attempting to so vote, was denied the right to so vote, and his vote thus ottered 
to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and further states that if he had been permitted to register and to vote 


170 


MURRAY VS. ELLIOTT. 


at said election be would have voted for the said Geo. W. Murray, the Republican 
candidate for Congress in said district. Toney (his x mark) Blake. 


Witnesses: 

M. M. Middleton. 

T. H. Pinckney. 

Personally appeared Toney Blake, 
rect. 

[SEAL.] 


and made oath that the above statement is cor- 
H. W. Purvis, Notary Public. 


Delemars, S. C., January 15,1897. 

[129 affidavits, same as above, signed and witnessed, tiled with this exhibit.] 


H. Geddis; age, 23; live 


-A. I was at the 


H. GEDDIS, sworn: 

By Mr. Myers : 

Q. Give your name, age, residence, and occupation. A. 

at Delemars precinct, Colleton County; a farmer. 

Q. Where were you on the day of election, 3d of Aon ember last .- 
Federal polls at Delemars voting precinct. . . „ , , A 

Q. Do you know if any voters were rejected there that day; and it so, what did. 
they do?—A. Yes, there was; and they went and had their names enrolled, to M. M. 
Middleton, Furby, and Pinckney. 

Q. What did they have their names enrolled on?—A. Blanks. 

Q. Were the Republicans allowed, or did they ask tor, any representation m the 
polling booths that day in the polling room?—A. They asked, but were not allowed; 
they asked J. B. Bevins,one of the managers. The managers were all Democrats. 


Cross-examination: 

Q. What was written on those blanks you speak about?—A. It was, in substance, 
that those voters who where rejected they should apply to the blank keepers and 
they would put your name down. 

Q. How many did you see sign those blanks?—A. I saw a good many of them. 

Q. Did you stay at the polls all day?—A. Yes, sir; and I voted. 

Q. The managers permitted everybody to vote, white and colored, who did have 

registration certiticates, did thev not?—A. Yes, sir. 

& H. Geddis. 

Sworn to before me this 12th day of February, 1897. 

r Lt s.] H. W. Purvis, Notary Public. 


FRANK GELZER, sworn: 

By Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. Frank Gelzer; age, 38; 

live at Delemar’s polling precinct; a farmer. 

Q. Did you vote or otter to vote on election day, 3d of November, last?—A. I did 
not vote; I offered to vote for G. W. Murray. 

Q. You were rejected?—A. Yes. 

Q. After being rejected what did you do?—A. I signed one of the blanks, which 
was witnessed by M. M. Middleton, E. J. Furby. 

Q. Did you know the nature of the blanks you were signing?—A. I did. 

Cross-examination: 

Q. What was on those blanks?—A. They showed that I offered to vote and was 
rejected. 

Q. Do you know George W. Murray, the candidate you offered to vote for?— 
A. Yes; I know him when I see him. 

Q. What did you want to vote for him for?—A. For the Fifty-fifth Congress. 

Q. What Congressional district do you live in?—A. I suppose I live in the same 
one from which he ran for Congress, the First. 

Q. What counties or part of counties compose that district?—A. I don’t know all. 

Q. You say you were rejected; they would not give you a certificate?—A. Yes, sir. 

Q. When and where did you apply for one?—A. First at Delemars and did not get 
in, and next at Walterboro. 

Q. What is the reason you did not get one at Delemars?—A. Because I did not get 
into the building; so many people there. 

Q. What was the reason you did not get it at Walterboro?—A. Mr. Tracy said I 
did not read good enough; that is what he claims. 

Q. What section of the constitution did you try to read?—A. Article IX, section 
8, if I am not mistaken. 



MURRAY VS. ELLIOTT. 171 

Q. What did you read about?—A. About banking and banks; I can’t explain it 
all. 

Q. You don’t read very well, do you?—A. I read just about like all farmers do; 
don't have much chance to read. 

Q. Read this.—A. I refuse reading to-day; have not my specs. 

Frank Gelzer. 

Sworn to before me this 12th day of February, 1897. 

[l. s.] H. W. Purvis, Notary Public. 

JOSEPH SINGLETON, sworn: 

By Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. Joseph Singleton; age, 
27; live at Delemars precinct; a farmer. 

Q. Were you at the polls on election day, 3d of November last?—A. Yes, sir; at 
the Federal poll at Delemars precinct. 

Q. Were any voters rejected? If so, for who did they oiler to vote, and what did 
they do?—A. Yes, sir; they were many rejected who offered to vote for G. W. Mur¬ 
ray; and after being rejected they went to the blank keepers and signed their 
names, those who could write, and those who could not made their marks. They 
were witnessed by Middleton, Furby, and Pinckney. 

Q. Did the Republicans have any representation at the Federal poll that day?— 
A. No, sir; they had none. They made the demand of the managers and were refused. 
They who were rejected offered to vote for G. W. Murray. 

Cross-examination: 

Q. Who did they tell they wanted to vote for Murray?—A. They told Mr. J. B. 
Bevens, one of the managers at the poll. 

Q. How many did you hear tell Bevens that?—A. Any number of them. 

Q. Where was Middleton and those others keeping the list ?—A. They were at the 
table taking the names as they were turned from the window. 

Joseph Singleton. 

Sworn to before me this the 12tli day of February, 1897. 

[l. s.] H. W. Purvis, Notary Public. 

State of South Carolina, County of Colleton: 

I, H. W*Purvis, a notary public for the State of South Carolina, do hereby certify 
that the deponents herein mentioned and duly summoned, to wit: J. M. Brown, Paul 
Jenkins, S. B. Richardson, S. E. Steplight, Louis Smalls, W. E. Gordon, Primus Ward, 
M. M. Middleton, H. Geddis, Frank Gelzer, Joseph Singleton, D. P. Polite, A. Frazier, 
Daniel Pinckney, S. D. Williams, Walley Meges, Robt. Chisolm. James Perkins, Sam¬ 
uel Perry, J. W. Washington, H. Middleton, Wm. Singleton, D. D. Green, Mingo Bow¬ 
man. W. B. Scott, J. L. White, R. B. Glover, J. D. Devauex, and produced by contestant, 
personally appeared before me, at Green Pond, Jacksonboro, and Adams Run, in the 
county of Colleton, State and county aforesaid, and within the Congressional dis¬ 
trict aforesaid, on the 11th, 12th, 26th, 27th, 28th, 29th days of February, 1897, and 
after being duly sworn to speak the truth and nothing but the truth, in the matter 
of the said contested election, gave and subscribed the foregoing depositions; that 
I caused the testimony of said deponents, with the questions propounded by both 
contestant and contestee, to be reduced to writing, and in the presence of the wit¬ 
nesses and counsels, respectively, and caused said testimony to be carefully read to 
deponents before the same was subscribed by them, and I further certify that each 
and every erasure, substitution, and interlineation that appears in any part of the 
records of the foregoing depositions were made, substituted, or interlined in the 
presence of deponents and before such depositions were subscribed by them or him. 

Witness my hand and seal this 14th day of April, A. D. 1897. 

[seal.] H. W. Purvis, Notary Public. 

Notice to take depositions. 

To William Elliott, Contestee: 

You will please take notice that the undersigned will, at the court-house, Kings- 
tree, in the County of Williamsburg, State aforesaid, on Tuesday the 16th day of 
February, 1897, at 11 o’clock a. m., before H. W. Purvis, a notary public, in and for 
the State of South Carolina, examine and take testimony of the witnesses whose 
names are hereto annexed, in relation to and touching the issues involved in the 
above case, and that said examination will continue from day to day until the same 
shall be completed. 


172 


MURRAY YS. ELLIOTT. 


Frank Shaw, Aaron Harrison, Alfred Mabry, Harvey Parker, and S. J. Morris, al 
of the county of Williamsburg, in the State of South Carolina. 

Dated at Beaufort, S. C., February 12, 1897. Myers 

Attorney for Contestant. 

Service accepted at Beaufort, S. C., 12th February, 189/, at 6.o0 p. m. 

Wm. Elliott. 


Notice to take depositions. 


To William Elliott, Con testee: 

You will please take notice that the undersigned will, at schoolliouse Ivingstree, in 
the county of Williamsburg, State aforesaid, on Wednesday, the 1/tli nay o Feb¬ 
ruary, 1897, at 10 o’clock a. m., before H. W. Purvis, or some other officer qualified, 
a notary public, in and for the State of South Carolina, examine and take testimony 
of the witnesses whose names are hereto annexed, in relation to and touching the 
issues involved in the above case, and that said examination will continue from day 
to day until the same shall be completed. 

Cicero Hanna, Chas. Cooper, Calvis Singletary, Joels. Gaskins, Peter Graham, Esau 
Brown, Toby Graham, S. S. Hanna, Z. R. Cooper, Geo. Green, Sol. Doar, R. D. Rob¬ 
inson, Sam’l Nelson, O. B. Bruington, T. A. Dicker, Norris J. Brown, and John 
Adams. 

Dated at Ivingstree, S. C., February 15, 1896. 

W. F. Myers, 
Attorney for Contestant. 


Personally appeared G. W. McCollough, who on oath says, that he personally 
served a copy of the within notice on T. M. Gillan, esq., attorney for AA m. Elliott, 
contestee, said attorney refusing to give written acceptance. 

G. W. McCollough. 

Sworn to before me this 15th day of February, 1897. 

[seal.] H. W. Purvis, Notary Public. 


Notice to take depositions. 

To William Elliott, Contestee: 

You will please take notice that the undersigned will, at Ivingstree, in the County 
of Williamsburg, State aforesaid, on Thursday the 18th day of February, 1897, at 
9.30 o’clock a. in., before H. W. Purvis, a notary public in and for the State of South 
Carolina, or some other officer qualified, examine and take testimony of the wit¬ 
nesses whose names are hereto annexed, in relation to and touching the issues in¬ 
volved in the above case, and that said examination will continue from day to day 
until the same shall be completed. 

A. M. Bennett, W. C. Henryhand, M. McKnight, A. T. Thomas, Robt. Hanna, Horace 
Brown, L. F. Cooper, S. G. Graham, A. J. Davis, S. D. McBride, *J. M. Thomas, 
L. AY. Cameron, H. Iv. Bossard, Ellis Brown, G. AY. McCullough, S. T. Brown. 

Dated at Ivingstree, S. C., February 16, 1897. 

AY. F. Myers, 
Attorney for Contestant. 

Personally appeared G. A\ r . McCollough, who on oath says that he made personal 
service of copy of within notice on T. M. Gillam, attorney for contestee, this 16th 
day of February, 1897. 

G. AA r . McCollough. 

Sworn to before me this 16th day of February, 1897. 

[ L - s.] H. AA r . Purvis, Notary Public. 

In the matter of contest between George AA\ Murray, contestant, and AVilliam Elliott, 

contestee, for a seat in the Fifty-fifth Congress of the United States from the First 

Congressional district of South Carolina. 

At a hearing in the above-stated case at Ivingstree, in the county of AAulliamsburg, 
in the State aforesaid, before H. AA r . Purvis, notary public, on the 16th day of Feb¬ 
ruary, 1897, at which were present AY. F. Myers, esq., representing contestant, and 
T. M. Gillam, esq., representing contestee, the following witnesses on the part of the 
contestant were examined, and the said witnesses testified as follows. 


MURRAY VS. ELLIOTT. 


173 


NORRIS J. BROWN, a witness of legal age, produced by contestant, upon due 
notice to contestee, being duly sworn, deposes as follows: 

Q. Give your name, residence, age, and occupation.—A. Norris J. Brown; age, 32; 
live Cades precinct, Williamsburg County; a farmer. 

Q. Did you vote on the day of election, November 3 last, or offer to vote?—A. I 
offered to vote for G. W. Murray; I was rejected. 

Q. After being rejected, what did you do?—A. I tilled a blank; I signed it, and it 
was witnessed by Ben Singeltary and Robert Hanna. 

Q. Did you know the nature of the blank you filled and signed?—A. I did. 

Q. Did you at any time apply for a registration certificate?—A. I did, but was 
rejected. 

Q. Why were you rejected?—A. I read, but I did not read to the satisfaction of 
the supervisor. 

Q. Was any interest manifested by the Republicans of your section to obtain reg¬ 
istration certificates?—A. They did; some of them walked for miles to obtain them. 

Q. In the matter of making those affidavits, do you know of any other rejected 
voters who made affidavits that day? 

(Counsel for contestee objects upon the ground that the affidavit is the proof of it.) 

A. I do; many others. They applied to Z. R. Cooper for blanks, signed them, and 
their signatures were witnessed by Ben Singeltary and Robert Hanna. 

Norris J. Brown. 

Sworn to before me this 16th day of February, 1897. 

[l. s.] 1 H. W. Purvis, Notary Public. 


S. J. MORRIS, sworn: 

By Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. S. J. Morris; age, 23; 
live Trio precinct, in Williamsburg County; a farmer. 

Q. Did you vote, or offer to vote, on the 3d of November last, election day?—A. I 
offered to vote for G. W. Murray and was rejected; after being rejected, I got a 
blank and signed it; it was witnessed by J. W. Bennett and W. C. Henryhan. 

Q. Do you know of any others who were rejected; and if so, what did they do in 
reference to these blanks you speak of?—A. They offered to vote for Geo. W. Mur¬ 
ray, and they also signed the affidavits which were witnessed by J. W. Bennett and 
W. C. Henryhan. 

Q. Did you make application for registration certificate, and did you pay your 
poll tax? 

(Counsel for contestee objects upon the ground that the receipt of the payment of 
the poll tax would be the best evidence.) 

A. I did try to get a registration certificate, and I did pay my poll tax. 

Q. Why were you rejected?—A. I read, but I did not read to the satisfaction of 
the supervisors. 

S. J. Morris. 

Sworn to before me this 16th day of February, 1897. 

r L# s i H. W. Purvis, Notary Public. 


J. W. BENNETT, sworn: 


By Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. J. W. Bennett; age, 33; 
live at Trio precinct, in the county of Williamsburg; a farmer. 

Q. Where were you on election day, 3d of November last, and what were you doing 
there?—A. I was at the Trio polling precinct at the Federal poll; I was keeping a 
poll list; I was keeping a poll list of the rejected voters; I was keeping nothing but 
a list; I was also witness of the signatures of rejected voters to affidavits. 

Q. Did anybody else act with you in that capacity that day?—A. Yes; A. M. Ben¬ 
nett and W/C. Heneryhan. . . , . . 

Q. Was any interest manifested by the Republicans of your precinct m obtaining 
registration certificates ?—A. The affidavit—the affidavits they signed? Yes; I wit¬ 
nessed, the others signed. 

J. W. Bennett. 

Sworn to before me this 16th day February, 1897. 

j- L s j H. W. Purvis, Notary Public. 

Adjoured at 4.30 o’clock, February 16, 1897, to 9.30 a. m., February 17, 1897. 


Pursuant to adjournment, the taking of depositions was resumed at Kingstree, 
Williamsburg County, at 9.30 o’clock a. m. on above date, at Avhich was present W. A. 
Myers, esq., representing contestant, and T. M. Gillarn, esq., contestee. 


174 


MURRAY VS. ELLIOTT. 


JOSEPH GASKINS, sworn. 

By Mr. Myers: 

Q. Give your name, age, residence, and occupation.—A. Joseph Gaskins; age, 39; 
live at Lake City polling precinct, Williamsburg County; a farmer. 

Q. Did you secure a registration certificate?—A. I did. 

0. Did you have any difficulty in so securing it? If so, to what extent?—A. Yes, 
sir; I had much. I went up there that morning to Lake City, and the first thing 
they asked me for my tax receipt—the supervisors. I told them I did not have it 
with me. and they told me that I would have to get it before I could get a registra¬ 
tion certificate. I then went 6 or 7 miles back home for it. I came back and showed 
it to them, and thev read it, and then they selected a portion ol law, as they said, 
which they called section 10, which I read, and they gave me my certificate. 

Q. Did they make any difference in the tests as between the white and colored 
applicants? If so, to what extent? 

(Counsel for contestee objects to said question, upon the ground that it is a mere 
expression of opinion.) 

A. They did; they made a quite sharp; the first difference that I noticed was 
that I and a white man went together—Tylor Gaskins; Tylor said he did not have 
any tax receipt; this he said to the supervisors in my presence; supervisor said to 
him, ‘‘Step back here a minute, I want to see you,” and they went back to the back 
door; I don’t know what was said to him, but he came back from the back door and 
the supervisor swore him, and without asking him to read or explain gave him a 
registration certificate. 

Q. Was that leniency shown to any of the colored applicants—that privilege or 
advantage shown to any of the colored applicants?—A. That privilege was not 
shown to any of the colored; they had to read and explain and show their tax 
receipts. 

Q. Was any interest manifested by the Republicans of your section in securing 
registration certificates?—A. Yes, sir; I saw several there trying, but they failed; 
there was great efforts put forth by the people to secure registration certificates; 
they went up and asked for them. 

Cross-examination: 

Q. Where did they go to ask for them ?—A. They went to the registration office at 
Lake City. 

Q. Who went?—A. The people who did not have any. 

Q. Who were the people?—A. I don’t know all of them by name; I know I have 
three boys; they went; I saw others going. 

Q. Did you see the three boys go? Were you at the poll?—A. Yes, sir; I saw them 
go; I was right there. 

Q. How many days were you there? Were you there everyday?—A. No; only 
one day. 

Q. Are you a married man?—A. Yes, sir. 

Q. How long have you been married?—A. About thirty years. 

Joe Gaskins. 

Sworn to before me this 17th day of February, 1897. 

[l* s.] H. W. Purvis, Notary Public. 

CALVIN SINGELTARY, sworn: 

By Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. Calvin Singeltary; age 
42; live at Lake City polling precinct; a farmer. 

Q. Did you vote on election day, 3d of November last, or did you offer to vote?— 
A. 1 did not vote, but offered to vote for Murray at Lake City polling precinct. 

Q. Why did you not vote ?—A. I did not have a registration certificate; they would 
not give me one, although I applied three or four times for one both at Lake Citv 
and here—Kingstree. 

Q. What reasons did the registration officers give for not giving you a registration 
certificate?—A. They told me when I went there for it that they would give it to me 
after dinner, and after they came back in a parcel of white people came in; then 
they gave it to them, and when they got back to me they slipped off. Mr. Lesseam, a 
member of the board, then directly he came back to me, and he and I talked. * I 
asked him how it was he gave all the rest their certificates and would not give me 
mine; then he told me that “You niggers ought to come on and vote with us*-” then 
he said, “You niggers need not work to get registration to get office, but if you 
come over and vote the Democrat ticket I’ll give you a ticket;” then he said, “We 
just made that law to keep you niggers from getting registration, so you niggers had 
might as well dry up and vote with us.” 


MURRAY VS. ELLIOTT. 


175 


Q. In issuing registration certificates that day to the white applicants, what 
requirements was asked ol them, or how was it done?—A. In issuing them tickets, 
just as they were called they came in, and they gave them to them. 

Q. \V ere any tests put them?—A. No, sir; no test was put to them; never put a 
word to them; just called them, and they come. 

0. Being lejected on the day of election, what did you do?—A. After they rejected 
I ^ eu f i aut ^ Mr. Madison Thomas, of Lake City, and got a blank and carried 
it to Mr. 1 homas and signed it before him, and it was witnessed by Robert Carnor- 
ron and Lawrence Camorron. 

Cross-examined: 

Q. Where did you have that conversation with Mr. Lessears?—A. At Mr. Eskines’s 
store, at Lake City. 

Q. \\ ho else was present ?—A. There was a good deal of colored people there at 
that time when we were talking. 

Q. Name some ot them.—A. l’reston Brown, Juna Brown. There were more 
there, but these are all that I can remember. 

Q. W as there any white people present?—A. No, sir; there was none right there. 
They had two closing places for the purpose of keeping the colored people from get¬ 
ting them. 1 hey said the books were closed, and then they would go into the office 
and give the white men theirs in there. 

Calvin (his x mark) Singletary. 

Sworn to before me this 17th day of February, 1897. 

C L - s 0 * H. W. Purvis, Notary Public. 

S. S. HANNA, sworn: 

By Mr. Myers: 

Q. Give you name, age, residence, and occupation.—A. S. S. Hanna; age, 39; lives 
Lake City, Williamsburg County; a school-teacher. 

Q. Where was you on election day, 3d of November last, and what were you doing 
there ?—A. I was at Cedar Swamp precinct, at the Federal poll, in the interest of 
Geo. W. Murray for Congress; 1 went there to keep a list of the colored voters that 
came up and offered to vote for Murray, also a list of those who were allowed to 
vote; I took affidavits of those colored voters who offered to vote for G. W. Murray 
who had no registration certificates. 

Q. What connection had you with those affidavits, or what part did you play as 
appearing on those affidavits?—A. I signed all of them as a witness; I witnessed 
them. 

Q. What is that you hold in your hand? Do you identify them?—A. The affidavits, 
that I witnessed on the 3d day of November last with G. W. Green, who also wit¬ 
nessed them. I identify them to be the affidavits. 

Q. How many of them are there ?—A. There are 76 of them 

(Counsel for contestant files the said 76 affidavits in evidence, marked “Exhibit 
A.” 

Counsel for contestee objects to the introduction of said affidavits upon the ground 
of their being incompetent testimony.) 

Q. Was any interest manifested by the Republicans of this county in efforts to 
obtain registration certificates? 

(Counsel for contestee objects upon the ground that it is a mere expression of 
opinion.) 

A. Considerable; everywhere the registration officers went they applied for certi¬ 
ficates. When they came to Lake City large numbers of colored persons came there 
for the purpose of registering, and offered to register, many of them wishing to get 
certificates even came to Kingstree to obtain them; everywhere they went they failed. 

Q. Have you any knowledge as to why they failed?—A. I can only state of what I 
know of my own personal knowledge. At Lake City there was so many white persons 
applying they had little chance, the whites being always given the preference to 
register. 

Q. In applying the tests, did the registration officers show any partiality between 
the white and colored applicants?—A. They did. During the day I was there while 
the registration officers were there I saw scores and scores of ignorant white men, 
who could not even sign their names, apply and get certificates, and no test was 
required of them; they could not read a section of the constitution, if shown them; 
while the colored people were asked all sort of questions; they were asked to pro¬ 
duce their tax receipts, and of course, they not knowing that tax receipts would be 
required, many of them were turned off on that account; then again, I know a good 
many colored men who could read and write, real intelligent men who appeared and 
were turned off. 


176 


MURRAY VS. ELLIOTT. 


Q. From your knowledge of the administration ot the registration laws .lie you 
prepared to say that the colored men are discriminated against because ot their 

color? . v 

(Counsel for contestee objects, it being a mere matter ot opinion.) 

A. lam; they are. , A . . ., ,. , , , 

Q j)o you know of any recent occurrence in the State changing its lundamental 

laws?—A'. Yes, sir; in the year 1895 the Democratic party gave us a new State con- 

Q. Was that constitution submitted to the voters of this State tor ratification? 

A. It was not. 

Cross-examination: 

Q. How manv days did the registration last at Lake City? A. I think two or 
lilir00 

Q. How many days did you attend the registration at Lake City?—A. One day. 

Q. Which day—first, second, or third?—A. I think it was the second day. 

Q. Now, you say there was scores and scores of white people who were registered 
without having the test applied to them. Will you name those white people? A. I 
can not name them all, but I know ot my own knowledge that l’eter Jordan, Sam 
Miles, that are ignorant men—those two are registered voters. I know them per¬ 
sonally. I can’t remember the names of the others, although I know r many of them. 

Q. WTiere was the registration held at Lake City?—A. It was held in a house on 
the railroad street, an unoccupied house. There was no business done there. 

Q. How many days was the registration held at Sallines?—A. I don't know; was 
not there. 

Q. How many days was it held at Greelvville?—A. I don’t know; was not there. 
Q. How many days at Suttons?—A. Don’t know; was not there. 

Q. How many days at Earles, Trio, Bloomingdale, Cedar Swamp, Cades. Prospects, 
Scraton, Black Mingo, Indian Town, Johnsonville, Joys Store?—A. I don’t know; was 
at none of those places. 

Q. W T hat do you mean by offered to vote? 
making an effort to cast his ballot. 


-A. A person going up to the polls and 


Sworn to before me this 17th January, 1897. 
[L.S.] 


S. S. Hanna. 
H. W. Purvis, Notary Public. 


Exhibit A. 


Blank No. 2. 


State of South Carolina, Williamsburg County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct Cedar Swamp, and legally qualified to register and vote therein, 
did, on this the 3d day of November, 1896, present himself at the said voting pre¬ 
cinct to vote for Geo. W. Murray, the Republican candidate for Congress in the First 
district of said State, desiring and intending to vote for the said Geo. W. Murray, 
and, upon his attempting to so vote, was denied the right to so vote, and his vote 
thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register, and further states that if he had been permitted to register and to vote 
at said election he would have voted for the said Geo. W. Murray, the Republican 
candidate for Congress in said district. 

Mingo (his x mark) Cooper. 

Witnesses: 

G. W. Green. 

S. S. Hanna. 

Personally appeared Mingo Cooper and made oath that the above statement is 
correct. 

[L 8.] Z. R. Cooper, Notary Public. 

Williamsburg, S. C., January 28. 


[Forty-nine affidavits, same 
exhibit.] 


as above, signed and witnessed, filed with this 
Blank No. 1. 


State of South Carolina, Williamsburg County: 

This certifies that the undersigned, being over the age 21, male resident of the 
voting precinct Cedar Swamp, and legally qualified to register and vote therein, 


MURRAY VS. ELLIOTT. 


177 


did, on this the 3d day of November, 1896, present himself at the said voting pre¬ 
cinct to vote for Geo. W. Murray, the Republican candidate for Congress in the First 
district of said State, desiring and intending to vote for the said Geo. W. Murray, 
and upon his attempting to so vote was denied the right to so vote, and his vote 
thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register ; and he further states that if he had been permitted to register and to 
vote at said election he would have voted for Geo. W. Murray, the Republican can¬ 
didate for Congress in said district. 

And the undersigned further states that he is qualified, even under the present 
constitution, as he can read and write, as evidenced by the fact that he signs this in 
his own handwriting. 

Isaac Wall. 

Witnesses: 

S. S. Hanna, 

G. W. Green. 

Personally appeared Isaac Wall and made oath that the above statement is correct. 

[l- s.] Z. R. Cooper, Notary Public. 

Williamsburg, S. C., January 28, 1897. 

[Twenty-five affidavits, same as above, signed and witnessed, filed with this 
exhibit.] 

G. W. GREEN, sworn: 

Examined by Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. G. W. Green; age, 33; 
live in Cedar Swamp precinct; a farmer. 

Q. Where was you on election day, 3d of November last, and what were you doing 
there?—A. I was at Cedar Swamp, signing affidavits as a witness with S. S. Hanna. 

Q. Do you identify these? [Counsel handing witness package of papers marked 
Exhibit A.]—A. Yes, sir; I identify these; they are affidavits of J. W. Murray—affi¬ 
davits of the voters that were not allowed to vote which I signed as a witness. 

G. W. Green. 

Sworn to before me this 17th day of February, 1897. 

[l. s.] H. W. Purvis, Notary Public. 

W. C. HENRYHAND, sworn: 

Examined by Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. W. C. Henryhand; age, 
44; live at Trio voting precinct; a farmer. 

Q. Where were you on election day, 3d of November last, and what were you doing 
there?—A. I was at Trio polling precinct, at the Federal polls. I was there in the 
interest of G. W. Murray, witnessing affidavits of the rejected voters who offered to 
vote for George AY. Murray; A. M. Bennett witnessed these affidavits with me. 

Q. Do you identify these? [Counsel for contestant handing witness a package of 
papers.] If so, what are they?—A. Yes, sir; I identify them as the affidavits of the 
rejected voters which I signed as a witness. 

Q. How many of them are they?—A. They are 53 of them. 

(Counsel for contestant files the 53 affidavits in evidence, marked “Exhibit B.” 

Counsel for contestee objects to the introduction of said affidavits, upon the ground 
of incompetency.) 

Q. AA'hy were these men rejected?—A. Because they did not have registration cer¬ 
tificates. 

Q. AA"as any interest manifested by them to secure the registration certificates?— 
A. They came and tried to A'ote, and they tried to get registration certificates. Some 
of them came 18 and 20 miles to the registration, office, trying to get registered. 
They had no means to go but by walking, and the most of them failed to get 
certificates. 

Cross-examination: 

Q. How do you know they applied to vote?—A. I saw some of them try; I was 
right at the polls, and saw all of those who made these affidavits try. 

17745-12 



178 


MURRAY VS. ELLIOTT. 


Q. How do you know tliey applied to be registered?—A. I did not see them when 
they applied for registration; don't know personally that they applied; I saw them 
try to vote. 

W. C. Henrvhand. 

Sworn to before me this 17th day of February, 1897. 

[l. s.] H. W. Purvis, Notary Public. 


Exhibit B. 

Blank No. 1. 

State of South Carolina, Williamsburg County: 

This certifies that the undersigned, being over the age 21, male resident of the 
voting precinct Trio, of ward —, and legally qualified to register and vote therein, 
did, on this the 3d day of November, 1896, present himself at the said voting pre¬ 
cinct to vote for Geo. W. Murray, the Republican candidate for Congress in the First 
district of said State, desiring and intending to vote for the said Geo. W. Murray, 
and, upon his attempting to so vote, was denied the right to so vote, and his vote 
thns offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and he further states that if he had been permitted to register and to 
vote at said election he would have voted for Geo. W. Murray, the Republican can¬ 
didate for Congress in said district. 

And the undersigned further states that he is qualified, even under the present 
constitution, as he can read and write, as evidenced by the fact that he signs this in 
his own handwriting. 

Sam Filmore. 

Witnesses: 

J. W. Bennett. 

W. C. Henryhand. 

Personally appeared Sam Filmore and made oath that the above statement is 
correct. 

[l. s.] Z. R. Cooper, Notary Public. 

Williamsburg, S. C., November 19, 1896. 

[Eighteen affidavits same as above, signed and witnessed, filed with this exhibit.] 


Blank No. 2. 

State of South Carolina, Williamsburg County: 

This certifies that the undersigned, being over the age of 21, male resident of 
Trio voting precinct, and legally qualified to register and vote therein, did, on 
this the 3d day of November, 1896, present himself at the said voting precinct to 
vote for George W. Murray, the Republican candidate for Congress in the First dis¬ 
trict of said State, desiring and intending to vote for the said George W. Murray 
and, upon his attempting to so vote, was denied the right to so vote and his vote 
thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the ri<dit 
to register; and further states that if he had been permitted to register and to vote 
at said election he would have voted for the said George W. Murray, the Republican 
candidate for Congress in said district. 

„ r .. Georg (his x mark) McCrea. 

Witnesses: 

A. M. Bennett. 

J. W. Bennett. 

Personally appeared Georg McCrea and made oath that the above statement is 
correct. 

S, J Z. R- Cooper, Notary Public. 

Williamsburg, S. C., November 19,1896. 

[ Thirty-one affidavits, same as above, signed and witnessed, filed with this exhibit.] 


MURRAY VS. ELLIOTT. 


179 


A. M. BENNETT, sworn: 

Examined by Mr. Myers : 

Q\ G * y e y° ur name, age, residence, and occupation.—A. A. M. Bennett, age, 23: 
live in Trio precinct; a farmer. > <=> > i 

Q. Where were you on election day, 3d of November last, and what were you 
.ere? A. I was at Trio voting precinct, at the Federal poll, witnessing the 
affidavits of the rejected voters who offered to vote for Murray. W. C. Henryhand 
and J. W. Bennett also witnessed with me. 

Q. Do you identity these; if so, what are they [counsel for contestant handing 
witness Exhibit B] ?—A. Yes; 1 do identify them; they are the affidavits that I 
witnessed at the polls of the rejected voters who offered'to vote for G. W. Murray 
in number 53. J; 

A. M. Bennett. 

Sworn to before me this 17th day of February, 1897. 

[SEAL.] H. W. Purvis, Notary Public. 


J. E. JONES, sworn: 

Examined by Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. J. E. Jones; age, 38; 
live at Greens, Williamsburg County; a farmer. 

Q. Did j ou \ ote on election day; if not, why ?—A. I did not, because I had not my 
tax receipt with me. I had my registration certificate. 

Q. Did you offer to vote for anybody that day for Congress? If so, name him.— A. 
Yes; for Geo. W. Murray. 

Q. Where did you try to vote at?—A. At Trio. 

J. E. Jones. 

Sworn to before me this 17th day of February, 1897. 

[seal.] H. W. Purvis, Notary Public. 


ROBERT HANNA, sworn: 

Examined by Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. Robert Hanna; age, 28; 
live in Ridge Township, near Cades; farmer. 

Q. Where was you on election day, the 3rd of November last, and what were you 
doing there?—A. I was at Cades polling precinct, at the Federal poll. I was there 
as a witness for those who went to vote and were rejected. 

Q. Had you any connection with these papers [counsel handing witness a package 
of papers]? If so, identify them.—A. Yes, sir; I identify them; I signed these 
blanks as a witness of the rejected voters that day. I signed them with B. J. Single¬ 
tary and Z. R. Cooper. 

(Counsel for contestant files the 96 affidavits in evidence, marked “Exhibit C.” 

Counsel for contestee objects to the introduction of these affidavits as being 
incompetent testimony.) 

Robert Hanna. 

Sworn to before me this 17th day of February, 1897. 

[SEAL.] H. W. Purvis, Notary Public. 


Exhibit C. 

Blank No. 2. 

State of South Carolina, Williamsburg County: 

This certifies that the undersigned, being over the age of 21, male resident of the 

voting precinct of Cades Ridge, Ward-, and legally qualified to register and vote 

therein, did on this the 3d of November, 1896, present himself at the said voting 
precinct to vote for George W. Murray, the Republican candidate for Congress in the 
First district of said State, desiring and intending to vote for the said George W. 
Murray, and, upon his attempting to so vote, was denied the right to so vote, and 
his vote, thus offered to the proper person, was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and further states that if he had been permitted to register and vote at 


180 


MURRAY VS. ELLIOTT. 


said election, he would have voted for the said George \V. Murray, the Republican 
candidate for Congress in said district. 

Grass (his x mark) Cunningham. 

YVitn esses: 

London Wilson. 

Walter Cooper. 

Personally appeared Grass Cunningham and made oath that the above statement 
is correct. 

[seal.] Z. R. Cooper, Notary Public. 

Williamsburg, S. C., November 3, 1896. 

[Fifty-six affidavits, same as above, signed and witnessed, tiled with this exhibit.] 


Blank No. 1. 

State of South Carolina, Williamsburg County: 

This certifies that the undersigned, being over the age of 21, male resident of the 

voting precinct of Cades Rige, Ward-, and legally qualified to register and vote 

therein, did on this the 3d day of November, 1896, present himself at the said voting 
precinct to vote for Geo. W. Murray, the Republican candidate for Congress in the 
First district of said State, desiring and intending to vote for the said Geo. W. Murray, 
and, upon his attempting to so vote, was denied the right to so vote and his vote 
thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as re¬ 
quired by statute, he had applied for registration, under the laws of South Carolina, 
being entitled to such registration, but had been refused and denied the right to re¬ 
gister; and he further states that if he had been permitted to register and to vote 
at said election, he would have voted for Geo. AV. Murray, the Republican candidate 
for Congress in said district. 

And the undersigned further states that he is qualified, even under the present 
constitution, as he can read and write, as evidenced by the fact that he signs this in 
his own handwriting. 

Tomas Scott. 

AATtnesses: 

Tom F. Scott. 

Z. R. Cooper. 

Personally appeared Tomas Scott and made oath that the above statement is 
correct. 

C L * S> ] Z. R. Cooper, Notary Public. 

Williamsburg, S. C., November 3, 1896. 

[Thirty-eight affidavits, same as above, signed and witnessed, filed with this 
exhibit.] 


Z. R. COOPER, sworn: 


Examined by Mr. Myers: 

Q. Give your name, age, residence, and occupation.—A. Z. R. Cooper; age, 55; 
live at Camp Ridge, in Williamsburg County; a farmer. 

Q. A\ here were you on election day, the 3d of November last, and what were you 
doing there? A. 1 was at Cades polling precinct, at the Federal poll, in the interest 
of Murray, and witnessed these blanks of the people that could not vote—had no 
certificate to vote. 


Q. Well, what were they that jou witnessed that day ?—A. Affidavits which I wit¬ 
nessed m connection with Robert Hanna and B. J. Singletary. 

Q- Why ^ found necessary to make and have witnesses to these affidavits?— 
people would have voted for Murray if they had certificates'. 

Q. Did they try to get certificates?—A. Yes; they tried to get certificates, to my 
Own knowledge. I advised them to get certificates, and told them they could not 
vote without them. AA hen the registration office opened at Cades they went there 
m good numbers to get certificates, and a great many failed to get certificates, and 
some came to Ivingstree, from 8 to 10 miles, but failed to get certificates. 

Q. AV as there any organized efforts on the part of the Republicans in directing 
applicants how to meet the restrictions of the registration law?—A. Yes sir- we 
had the constitutions, which we purchased in numbers, advised the people to read 
them and to study them in order that they might read and explain it when asked by 
the supervisor. 

Q. Do you identify these? If so, what are they [handing witness a bundle of 



MURRAY VS. ELLIOTT. 181 

papers, Exhibit D] ?—A. I identify these as affidavits in the interest of Murray from 
Cades Camp Ridge which I witnessed and probated as a notary public. 

Q. Are you a notary public for this State?—A. Yes, sir. 

Q What day were these affidavits probated by you, and where?—A. Third day of 
November, at Cades polling precinct. 

Q. As notary public, did you probate any other affidavits? If so, when and where?— 
A. I probated these: Kingstree, 16th January, 1897; Greelyville, I probated Janu¬ 
ary 17, 1897, at Greelyville; I probated at Muddy Creek these affidavits, November 
15, 1896; at Altmans, I probated these affidavits, February 12, 1897; at Blooming 
Vale, January 21, 1897,1 probated these affidavits; at Indiantown, January 22, I pro¬ 
bated these affidavits; at Gourdin, January 20, I probated these affidavits. 

Cross-examination: 

Q. Did you attend the registration at Cades every day?—A. Only one day. 

Q. How many days did you attend at Kingstree?—A. I can’t remember the days,", 
about eight or nine days. 

Q. How do you know that all these people applied for registration and were? 
refused?—A. Why, I don’t know that all these people that made these affidavits; 
applied, but at Cades, the day I was there, and at Kingstree, a good many did. 

Q. When you take au affidavit from one of these voters would he be present?—A. 
At Cades when I took them that day all were present at the different precincts. I 
appointed meetings through the precinct chairman, and he called all of his men out,, 
and in the presence of those who came we swore them, and in their absence we swore- 
the two witnesses who witnessed the signing of these affidavits by the affiants. 

Q. There was a good many who did not attend these meetings?—A. There is a 
great many who attended these meetings; at some of them all attended; they were 
more anxious than I was. 

Q. How many attended at Altmans?—A. I think about 26; I can’t remember all. 

Q. How many at Muddy Creek?—A. About 20 or 25. 

Q. At Indiantown how many attended?—A. About 65 or 75. 

Q. How many at Blooming Vale?—A. Between 65 and 70 at Blooming Vale, as near 
as I can remember. 

Q. How many at Greelyville?—A. I don't know; a good number was there, about 
75 or 80. 

Q. Did all of the voters attend at Greelyville?—A. Yes, sir; pretty near, I think. 

Q. AVhere in Greelyville did you have your meeting?—A. At the church. 

Z. R. Cooper. 

Sworn before me this 17th day of February, 1897. 

[l. s.] H. W. Purvis, Notary Public . 

State of South Carolina, Count}/ of Charleston : 

I, H. W. Purvis, a notary public in and for the State of South Carolina, do hereby 
certify that the deponents" herein mentioned and duly summoned, to wit, Morris J. 
Brown, S. J. Morris, J. W. Bennett, Joseph Gaskins, S. S. Hanna, G. W. Green, W. C. 
Henry hand, A. M. Bennett, J. E. Jones, Robt. Hanna, and Z. R. Cooper, and produced 
by contestant, personallyappeared before me at Kingstree, Williamsburg County, in 
the State aforesaid, andVithin the Congressional district aforesaid, on the 16th and 
17th of February, 1897, and after being duly sworn to speak the truth and nothing 
but the truth in the matter of the said contested election, gave and subscribed the 
foregoing depositions. That I caused the testimony of said deponents, with the 
questions propounded by both contestant and contestee, to be reduced to writing, 
and in the presence of the witnesses and counsel, respectively, read to deponents 
before the same was subscribed by them; and I further certify that each and every 
erasure, substitution, and interlineation that appear on any part of the records, 
the foregoing depositions, were made, substituted, or interlined in the presence of 
deponents and before such depositions were subscribed by them or him. 

Witness my hand and seal this 14th day ol April, A. D. 1897. 

[seal.] H. W. Purvis, Notary Public . 


Notices to talc testimony. 


To Wm. Elliott, Contestee: 

Take notice that I shall at Kingstree, in Williamsburg County, State aforesaid, on 
Monday, the 22d day of February, at 10 o’clock a. m., before R. H. Richardson, a 
notary public in and for said State, examine the witnesses named below in and con¬ 
cerning the matters and things pertaining to and touching the above-mentioned 
cases; and if for any cause the examination be not completed on the day named 


182 


MURRAY VS. ELLIOTT. 


the same will be continued from day to day 
James Tliorp, R. B. Salters, B. F. Brockiuton. 


until completed, viz: I. G. fewails, 

Geo. W. Murray, Contestant. 
By W. T. Andrews, Attorney. 


Kingstree, S. C., February SO, 1S97 . 
Service accepted February 20, 1807. 


Tuos. M. Gilland, Attorney for Contestee. 


To William Elliott, Coniestee: 

You will please take notice that the undersigned will, at Gourdiu, in the county 
of Williamsburg, State aforesaid, on Tuesday the 23d day of I ebiuary, 1897, at 11 
o’clock a. m., before R. H. Richardson, a notary public, in and for the State of South 
Carolina, examine and take testimony of the witnesses whose names aie here o 
annexed, in relation to and touching the issues involved in the above case, and that 
said examination will continue from day to day until the same shall be completed. 

Jack Mattis, A. J. Marion, C. Murray, A. M. Dozier, R. B. Salters, Peter Kelty, 
Bonneau Wilson, Josh Davis, Sandy Fulton, Peter Witherspoon, Sam Henry, B. 
Plouden, D. Robnell, M. L. Murray, P. B. Murrell, all of Williamsburg County, 

State aforesaid. ,,, _ „ , , 

W. T. Andrews, Attorney for Contestant. 

Kingstree, February 19, 1897. 


Service accepted February 18, 1891 


Thos. M. Gili.and, Attorney for Contestee. 




Kingstree, S. C., February 18, 1897. 

Pursuant to notice, the witnesses named below were examined. 

W. T. Andrews and T. M. Gilland, attorneys for contestant and contestee, respec¬ 
tively, were present. 

C. C. HANNA, sworn: 

Q. State your name, age, and residence.—A. C. C. Hanna; age, 29, and resides in 
Kings township and in Kingstree voting precinct. 

Q. Where were you on election day, November 3 last?—A. At the Federal box in 
Kingstree. 

Q. In whose interest were you there on that day and what did you do?—A. In the 
interest of G. W. Murray, and witnessing the affidavits of those who wanted to vote 
for Murray and could not. 

Q. Who prevented these people from voting you speak of?—A. The managers of 
election. 

Q. What papers are these, Mr. Hanna?—A. The affidavits we witnessed for 
Murray. 

Q. You identify them as being the affidavits?—A. Yes. 

(Attorney for contestant offered iu evidence 98 affidavits of citizens marked 
u Exhibit A,” from Kingstree precinct. 

Attorney for contestee objects on the ground that they are incompetent and not 
proven.) 

Q. Were the Republicans of this county anxious to secure registration certificates 
and to your knowledge did they make effort to secure them? 

(Objected to by attorney for contestee on the ground that the question is too lead¬ 
ing and the answer will be a mere expression of opinion.) 

A. Yes; I was here on several days and saw a great many come 8 and 10 miles to 
get their certificates and did not get them. 

Q. Did you see the persons who made these affidavits present themselves to the 
managers of election?—A. I did. 

Q. What was the result?—A. The managers would not let them vote. 

C. C. Hanna. 

Sworn to and subscribed to before me this 18th day of February, 1897. 

[SEAL.] R. H. Richardson, Notary Public. 

Exhibit A. 


Blank No. S. 


State of South Carolina, Williamsburg County: 

This certifies that the undersigned, being over the age of 21, male resident of the vot¬ 
ing precinct Kingstree, of Ward —, and legally qualified to register and vote therein, 
did, on this the 3d day of November, 1896, present himself at the said voting precinct 





MURRAY VS. ELLIOTT. 


183 


to vote for Geo. W. Murray, the Republican candidate for Congress in the First district 
of said State, desiring and intending to vote for the said Geo. W. Murray, and upon 
his attempting to so vote was denied the right to so vote, and his vote thus offered 
to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused aud denied the right 
to register; and further states that if he had been permitted to register and to vote 
at said election, he would have voted for the said Geo. W. Murray, the Republican 
candidate for Congress in said district. 

Adam Tisdale. 

Witnesses: 

C. C. Hanna. 

C. W. Cooper. 

Personally appeared Adam Tisdale and made oath that the above statement is 
correct. 

[l. s.] Z. R. Cooper, Notary Public. 

Williamsburg, S. C., January 16, 1897. 

[Sixty-five affidavits same as above, signed and witnessed, filed with this exhibit.] 

Blank No. 1. 

State of South Carolina, Williamsburg County: 

This certifies that the undersigned, being over the age 21, male resident of the 
voting precinct Kingstree, of Ward —, and legally qualified to register and vote 
therein, did, on this the 3d day of November, 1896, jiresent himself at the said vot¬ 
ing precinct to vote for Geo. W. Murray, the Republican candidate for Congress in 
the First district of said State, desiring and intending to vote for the said Geo. W. 
Murray, and, upon his attempting to so vote, was denied the right to so vote, and 
his vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Carolina, 
being entitled to such registration, but had been refused and denied the right to 
register; and he further states that if he had been permitted to register and to vote 
at said election, he would have voted for Geo. W. Murray, the Republican candidate 
for Congress in said district. 

And tlie undersigned further states that he is qualified even under the present 
constitution, as he can read and write, as evidenced by the fact that he signs this in 
his own handwriting. 

D. J. M. Cathey. 

AVitn esses: 

C. C. Hanna. 

C. W. Cooper. 

Personally appeared D. J. M. Cathey and made oath that the above statement is 
correct. 

[l. s.] Z. R. Cooper, Notary Public. 

Williamsburg, S. C., January 16, 1897. 

[Thirty-one affidavits same as above, signed and witnessed, filed with this 
exhibit.] 


Kingston, S. C., February 19,1897. 

W. T. Andrews, attorney for contestant, and T. M. Gilland, attorney for contestee, 
present. 

S. T. BROWN, sworn: 

Age 47, and resides at Lake City. 

Q. Where were you on election day, November 3 last?—A. Lake City. 

Q. What do you know, if anything, in regard to the manner in which supervisors 
of registration treated Republican and Democratic applicants for registration cer¬ 
tificates?—A. All I know about it, they did not act in giving the certificates to the 
colored people as they did the whites. The supervisors stood off at a distance and 
did not require the white people to read; just asked the whites a question and give 
them the certificates. 

Q. State whether in giving the whites the certificates if this question was asked 
publicly or privately.—A. It y r as private. 


184 


MURRAY VS. ELLIOTT. 


Cross-examination: 

Q. How many days did you attend the registration in Lake City?—A. One day. 

Q. What do you mean by saying it was private?—A. By crossing them oh when 
no one else could hear it. 

S. T. Brown. 

Sworn to and subscribed before me this 19th day of February, 1897. 

[seal.] R. H. Richardson, Notary Public. 

L. W. CAMERON, sworn: 

Age 35, and reside at Lake City. 

Q. Where were you at the last electiou November 3, 1896?—A. At Lake City, at 
the Federal box. 

Q. In whose interest were you there?—A. In the interest of the Republican 
party. 

Q. Did you do anything there in the interest of any particular candidate in the 
Republican party?—A. Yes; I signed some affidavits as witness. 

Q. What are these [attorney for contestant placing a batch of papers in hand of 
witness] ?—A. These are the affidavits that I signed at Lake City November 3, 1896. 

(Papers offered in evidence—104 affidavits, by attorney for contestant, from citizens 
of Lake City precinct, marked “ Exhibit B.” 

Objected to by attorney for contestee on the ground that it is incompetent and not 
proven.) 

Q. Did all the persons whose affidavits you witnessed present themselves to the 
managers?—A. Yes. 

Q. Why did they not vote?—A. The managers would not let them vote. 

Q. To what party did the managers belong?—A. To the Democratic party. 

Q. When the managers refused to allow them to vote, what did they do ?—A. They 
came to the man who had the blank affidavits and got one, and went to the notary 
public and signed in my presence and other witnesses. 

Q. Were these voters very anxious to vote for G. W. Murray, the Republican can¬ 
didate for Congress?—A. Yes; they paid 10 cents to the notary for each affidavit, 
and some of them said they would pay $1 to get the affidavit. 

Q. How many Congressional boxes, and for what districts were they, at Lake City 
precinct?—A. Two; the First and the Sixth districts. 

Cross-examination: 

Q. Did you stay at the poll all day?—A. Yes. 

Q. Where were the polls held?—A. At Lake City, in one of Mr. Henry Singleton’s 
old stores. 

Q. Was it the front or the back part of the store?—A. In the front. 

Q. Did the voters have to go in the store to vote.—A. Yes. 

Q. Who was the notary public who took the affidavits?—A. J. M. Thomas. 

Q. Did you go to the notary with each of these persons who made these affidavits ?— 
A. I went with some and was there when the others signed them. 

Q. Where were the affidavits signed?—A. In Mr. J. M. Thomas’s store. 

Q. As soon as a man was rejected at the ballot box he went to Thomas’s store and 
made his affidavit, did he?—A. Yes. 

L. W. Cameron. 

Sworn to and subscribed to before me this 19th day of February, 1897. 

[seal.] R. h. Richardson, Notary Public. 

Exhibit B. 

Blank No. 1. 

State of South Carolina, Williamsburg County: 

This certifies that the undersigned, being over the age 21, male resident of the 

n oting precinct Lake City, of Ward-, and legally qualified to register and vote 

therein, did, on this the 3d day of November, 1896, present himself at the said vot- 
ing precinct to vote lor Geo. W . Murray, the Republican candidate for Congress in 
the First district of said State, desiring and intending to vote for the said Geo. W. 
Murray, ancl upon his attempting to so vote was denied the right to so vote, and his 
vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, be had applied for registration, under the laws of South Caro- 
liiicij being entitled to sucli registration ? but had been refused and denied the ri^ht 
to legistei ; and he lurther states that it he had been permitted to register and to 
vote at said election he would have voted for Geo. W. Murray, the Republican candi¬ 
date for Congress in said district. 



MURRAY VS. ELLIOTT. 


185 


And the undersigned further states that he is qualified even under the present 
constitution, as he * * * as evidenced by the fact * * * that he signs 


Samuel (his x mark) Myers. 

Witnesses: 

L. W. Cameron. 

R. C. Cameron. 


Personally appeared L. W. Cameron and made oath that the above statement is 
correct. 


J. M. Thomas, Notary Public. 

Lake City, S. C., Novembers, 1896. 

[Forty-seven affidavits, same as above, signed and witnessed, filed with this 
exhibit.] 


Blank No. 2. 


State of South Carolina, Williamsburg County: 

This certifies that the undersigned, being over the age of 21, male resident of the 

voting precinct Lake City, of Ward-, and legally qualified to register and vote 

therein, did, on this the 3d day of November, 1896, present himself at the said voting 
precinct to vote for Geo. W. Murray, the Republican candidate for Congress in the 
First district of said State, desiring and intending to vote for the said Geo. W. 
Murray, and upon his attempting to so vote was denied the right to so vote, and his 
vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register, and further states that if he had been jmrmitted to register and to vote 
at said election he would have voted for the said Geo. W. Murray, the Republican 
candidate for Congress in said district. 

E. L. Cameron. 

Witnesses: 

W. B. Britton. 

M. B. Hudson. 

Personally appeared M. B. Britton and made oath that the above statement is 
correct. 

J. M. Thomas, Notary Public. 

Lake City, S. C., November 3, 1896. 

[Forty-seven affidavits, same as above, signed and witnessed, filed with this 
exhibit.] 

Kingston, February 20, 1897. 

W. T. Andrews, attorney for contestant, and T. M. Gilland, attorney for contestee, 
both present. 


R. D. ROBINSON, sworn: 

Age 37, and resides in Salter precinct. 

Q. Where were you on election day, November 3 last?—A. At Salters voting place 
at the Federal poll. 

Q. What did you do there that day ?—A. I was there witnessing the affidavits of 
the voters who were rejected. 

Q. What are these [handing a batch of papers to witness] ?—A. These are the affi¬ 
davits that were signed by those who were not allowed to vote, and which I wit- 
nessed. 

Q. Who prevented those persons from voting?—A. The managers of election. 

Q. What official position do you hold in the Republican party ?—A. Precinct chair¬ 
man of Salters precinct. 

Q. As precinct chairman what can you say as tqthe efforts of Republicans in your 
precinct to secure registration certificates and thus qualify themselves to vote at the 
last election?—A. As far as I know, they made every effort to qualify themselves to 
vote, but to my knowledge a great many were rejected. 

Q. Do you know whether the supervisors of registration treated Republicans and 
Democrats the same way in giving them certificates?—A. As far as I know, they did. 
I was at Salters a greater part of the day. 

Q. Were you sufficiently near to hear all who applied that day read?—A. I was to 

hear some, but not all. . .. 

Q. Were any whites rejected that day because they could not read or explain well 

enough?—A. No; not to my knowledge. 



186 


MURRAY VS. ELLIOTT. 


Q. Were any colored turned away without certificates who read what was given 
to them?—A. Yes. 

Q. Were there any others who were told by the supervisors to explain some part 
of constitution turn away?—A. Yes. 

Q. Were any colored men who could not read given their certificates who explained 
any part of the constitution ?—A. One. 

Q. Was the same section of the constitution given to both white and colored to 
explain or read?—A. There was not any one section given to any two men to read. 

(Attorney for contestant otters in evidence 122 affidavits from citizens of .Salters 
precinct, marked “ Exhibit C.” 

Objected to by attorney for contestee on the ground that they are incompetent 
and not proven.) 

Q. Who probated those affidavits marked “ Exhibit C ” ?—A. Rev. R. B. Salters. 

Q. Did you see these 122 affiants when they presented themselves to the managers 
of election?—A. I did. 

Cross-examination: 

Q. Where was the Federal poll on the day of election?—A. In one of the section 
houses belonging to the railroad company. 

Q. Were you in the house?—A. Yes. 

Q. On the day of registration at Salters did not the supervisors apply the test to 
all alike, black and white?—A. As far as I know. 

R. D. Robinson. 

Sworn to and subscribed to before me this 20th day of February, 1807. 

[seal.] R. H. Richardson, Notary Public. 

Plank No. 2. 

State of South Carolina, Williamsburg County: 

This certifies that the undersigned, being over the age of 21, male resident of the 

voting precinct Salters, of Ward-, and legally qualified to register and vote 

therein, did, on this the 3d day of November, 1896, present himself at the said vot¬ 
ing precinct to vote for Geo. AY. Murray, the Republican candidate for Congress in 
the First district of said State, desiring and intending to vote for the said Geo. AA r . 
Murray, and, upon his attempting to so vote, was denied the right to so vote, and 
his vote thus ottered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and further states that if he had been permitted to register and to vote 
at said election he would have voted for the said Geo. \\ r . Murray, the Republican 
candidate for Congress in said district. 

C. (his x mark) Mitchell. 

Witnesses: 

R. D. Roberson. 

S. A. Nelson. 

Personally appeared C. Mitchell and made oath that the above statement is 
correct. 

R. B. Salters, Notary Public. 

Salters Depot, S. C., November 3, 1896. 

[One hundred and twenty-two affidavits, same as above, signed and witnessed, 
filed with this exhibit.] 

S. A. NELSON, sworn : 

Age 38, and resides in Salters precinct. 

Q. AA T here were you on election day, November 3 last?—A. At Salters voting place 
at the Federal poll. 

Q. In the interest of what party were you there?—A. In the interest of the Re¬ 
publican party. 

Q. What did you do there that day in the interest of that party?—A. I was there 
for the purpose of voting, and witnessed the papers of those who were rejected and 
signed. 

Q. Are these affidavits the papers you witnessed?—A. Yes; I know them by my 
signature. 

S. A. Nelson. 

Sworn to and subscribed before me this 20th day of February, 1897. 

[seal.] R. H. Richardson, Notary Public. 



MURRAY YS. ELLIOTT. 


187 


T. A. DICKES, sworn: 

Age 46, and resides in Blooming Vale. 

Q. Where were you on election day, November 3 last ?—A. At Blooming Yale voting 
place at the Federal polls. 

Q. What did you do there that day?—A. Issued out tickets for Mr. Murray to the 
voters and witnessed affidavits of those who were rejected from voting. 

Q. What are these papers [showing witness affidavits]?—A. Those are the affida¬ 
vits the rejected voters signed and I witnessed. 

(Attorney for contestant offers in evidence 66 affidavits from citizens of Blooming 
Yale precinct, marked “Exhibit D.” 

Objected to by attornej 7 for contestee on the ground that they are incompetent 
and not proven.) 

Q. Did you give tickets to the 68 persons who signed these affidavits and did you 
see them present themselves to the managers with the tickets in hand?—A. Yes. 

Q. Whose name was on the ticket you issued to these persons?—A. Geo. W. Murray. 

Q. Are you precinct chairman of your precinct?—A. l’es. 

Q. As chairman of your party in that precinct, can you say whether the Repub¬ 
licans of that precinct were active in trying to get registration certificates?—A. Yes; 
they made all efforts they could, and failed. 

Q. Will you tell me, now, whether the supervisors of registration treated Repub¬ 
licans and Democrats alike in issuing certificates or withholding certificates?—A. 
No, they did not; for they give some white men (Democrats) certificates, and did 
not require them to read or explain. 

Q. What about the colored?—A. All the colored had to read or explain,and many 
read and could not get any. 

Cross-examination: 

Q. Who are some of the Democrats who got certificates and did not have to read or 
explain?—A. Calvin Johnson was one. 

Q. Any others?—A. John Brit; don’t remember any other names now, but the 
supervisors sent a certificate to one George Combie. Mr. George Combie’s son asked 
them to send one to his father, and they did so. 


Redirect: 


Q. About how many Democrats were given 
About 8 or 9. 


certificates without being tested? —A. 
T. A. (his x mark) Dickes. 


Sworn to and subscribed before me this 20th day of February, 1897. 

[seal.] R. H. Richardson, Notary Public. 


Exhibit D. 

Blank No. 2. 

State of South Carolina, Williamsburg, County: 

This certifies that the undersigned, being over the age of 21, male resident of the 

voting precinct Blooming Vale, of Ward-, and legally qualified to register and 

vote therein, did, on this the 3d day of November, 1896, present himself at the said 
voting precinct to vote for George W. Murray, the Republican candidate tor Con¬ 
gress 7n the First district of said State, desiring and intending to vote for the said 
George W. Murray, and, upon his attempting to so vote, was denied the right to so 
vote, and his vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the light 
to register, and further states that if he had been permitted to register and to vote 
at said election, he would have voted for the said George W . Murray, the Republican 
candidate for Congress in said district. 

Gadson (his x mark) Scott. 

Witnesses: 

T. A. Decker. 

Wai. Ewen, Jr. 

Personally appeared Gadson Scott, and made oath that the above statement is 
correct. 

[ L< Z. R. Cooper, Notary Public. 

Williamsburg, S. C., January 21,1S97. 

[Fifty-one affidavits same as above, signed and witnessed, filed with this exhibit.] 



188 


MURRAY VS. ELLIOTT. 


Blank No. 1. 


State of South Carolina, Williamsburg County: 

This certifies that the undersigned, being over the age 21, male resident of the 
voting precinct Blum Vale, of ward —, and legally qualified to register and vote 
therein, did, on this the 3d day of November, 1896, present himself at the said voting 
precinct to vote for Geo. W. Murray, the Republican candidate for Congress in the 
First district of said State, desiring and intending to vote for the said Geo. W . 
Murray, and, upon his attempting to so vote, was denied the right to so v ote, and 
his vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws ol South Caro¬ 
lina, being entitled to such registration,but had been refused and denied the right 
to register; and he further states that if he had been permitted to register and to 
vote at said election he would have voted for Geo. W. Murray, the Republican can¬ 
didate for Congress in said district. 

And the undersigned further states that he is qualified, even under the present 
constitution, as he can read and write, as evidenced by the fact that he signs this 
in his own handwriting. 

Gilmore McCullough. 

Witnesses: 

L. Aicker. 

Wm. Ervin, Jr. 

Personally appeared Gilmore McCullough and made oath that the above state¬ 
ment is correct. 

[l. s.] Z. R. Cooper, Notary Public. 

Williamsburg, S. C., January 21, 1897. 

[Fifteen affidavits same as above, signed and witnessed, filed with this exhibit.] 

Kingstree, S. C., February 22, 1897. 

Pursuant to adjournment, testimony in the contested-election case between 
Gf. W. Murray, contestant, and William Elliott, contestee, was resumed. W. T. 
Andrews, attorney for contestant, and T. M. Gilland, attorney for contestee, 
respectively, present. 

B. F. BROCKINTON, sworn: 

Age 42, and resides in Black Mingo precinct. 

Q. Where were you on election day, November 3, last?—A. At my place of 
business, near the voting place, and at the poll a part of the day. 

Q. What are those papers [handing witness a batch of papers]?—A. These are 
affidavits I presented on election day, November 3 last. 

(Seventy-three affidavits offered in evidence of citizens from Black Mingo, 
marked “Exhibit E.” 

Objected to by attorney for contestee on the ground that they are incompetent 
and not proven.) 

B. F. Brockinton. 

Sworn to and subscribed before me this 22d day of February, 1897. 

R. H. Richardson, Notary Public. 

Exhibit E. 

Blank No. 1. 

State of South Carolina, Williamsburg County: 

This certifies that the undersigned, being over the age 21, male resident of the 

voting precinct Black Mingo, of Ward-, and legally qualified to register and 

vote therein, did, on this the 3d day of November, 1896. present himself at the said 
voting precinct to vote for George W. Murray, the Republican candidate for Con¬ 
gress in the First district of said State, desiring and intending to vote for the said 
George W. Murray, and upon his attempting to so vote was denied the right to so 
vote, and his vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration, under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register. And he further states that if he had been permitted to register and to 
vote at said election he would have voted for George W. Murray, the"Republican 
candidate for Congress in said district. 



MURRAY VS. ELLIOTT. 


189 


And the undersigned further states that he is qualified even under the present 
constitution, as he can read and write, as evidenced by the fact that he signs this 
in his own handwriting. 

Jackson Couredon. 

Witnesses: 

A. J. Davis. 

S. D. McBride. 

Personally appeared A. J. Davis and made oath that the above statement is 
correct. 

B. F. Brockinton, [L. S.], Notary Public. 

Black Mingo, S. C., November 3. 1896. 

[Twelve affidavits same as above, signed and witnessed, filed with this exhibit.] 

Blank No. 2. 

State of South Carolina, Williamsburg County: 

This certifies that the undersigned, being over the age of 21, male resident of 

the voting precinct Black Mingo, of Ward-, and legally qualified to register 

and vote therein, did, on this, the 3d day of November, 1896, present himself at the 
said voting precinct to vote for Geo. W. Murray, the Republican candidate for 
Congress in the First district of said State, desiring and intending to vote for the 
said Geo. W. Murray, and, upon his attempting to so vote, was denied the right to 
so vote, and his vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and 
as required by statute, he had applied for registration under the laws of South 
Carolina, being entitled to such registration, but had been refused and denied the 
right to register, and further states that if he had been permitted to register and 
to vote at said election, he would have voted for the said Geo. W. Murray, the 
Republican candidate for Congress in said district. 

Toba McNight. 

Witnesses: 

A. J. Davis. 

S. D. McBride. 

Personally appeared A. J. Davis and made oath that the above statement is 
correct. 

B. F. Brockinton [L. S.], Notary Public. 

Black Mingo, S. C., November 3, 1896. 

[Fifty-nine affidavits same as above, signed and witnessed, filed with this exhibit.] 

A. J. DAVIS, sworn: 

Age, 34, and reside in Black Mingo precinct. 

Q. Where were you on election day, November 3 last?—A. At the Congressional 
box in my voting precinct, Black Mingo. 

Q. In whose interest were you at that poll?—A. In the interest of G. W. Murray. 

Q. Do you recognize these papers [handing witness a batch of papers]?—A. Yes; 
affidavits I witnessed. 

Q. If you know any facts which show that the voters of your community were 
greatly interested in "the election of Mr. Murray, state some of them.—A. They 
turn out lively and were willing and paid to get these affidavits. 

Q. You mean to say that the affiants paid to get these affidavits?—A. Yes. 

Q. Do you know anything about the treatment of colored people in your pre¬ 
cinct by the supervisors?—A. They were not treated equally at all, for all of the 
whites got their certificates and very few of colored men. 

Q. How about the colored men who could read?—A. Some of them got theirs. 

A. J. Davis. 

Sworn to and subscribed before me this 22d of February, 1897. 

[seal.] R. H. Richardson, Notary Public. 

S. D. McBRIDE, sworn: 

Age, 47, and reside in Black Mingo precinct. 

Q. Do you recognize these papers?—A. Yes: these are affidavits which the voters 
had made and paid for whose names are signed thereto, and I witnessed them. 

Q. What official position do you hold in your party?—A. Only a member. 



190 


MURRAY VS. ELLIOTT. 


Q. Do you know any facts concerning the Republicans and their treatment by 
the supervisors of registration in the issuing °f certificates.-'—A. The coloiec peo¬ 
ple were not treated equally with the whites; all the whites got then certificates, 

and very few colored. £ , ,, . 

Q. How about the colored who could read?—A. Only a few got theirs. 

S. D. McBride. 

Sworn to and subscribed before me this 22d day of February, 1897. 

[seal ] R. H. Richardson, Notary Public. 


L. F. COOPER, sworn: 

Age, 35, and reside in Altaman precinct. .... „ , . ,, 

Q. Where were you on election day, November o last. A. At the Fedeial poll 

at Altaman precinct. , .. „ 

Q. What did you do at that poll?—A. I voted and witnessed some affidavits ot 

rejected voters. 

Q. What are these [handing witness a batch of papers]?—A. These are the affi¬ 
davits I witnessed November 3 at Altaman voting precinct. 

(Thirty-seven affidavits of citizens of Altaman precinct offered m evidence, 

marked “ Exhibit F. ” . 

Objected to by attorney for contestee on the ground that they are incompetent 

and not proven.) . 

Q. What official position do you hold in your party?—A. Precinct chairman. 

Q. Did the Republican voters of your precinct make a proper effort to secure 
registration certificates, and with what success?—A. They made a proper effort, 
but a very few got them. Some who read got them, and many who could read 
did not get them. 

Q. About how many who could read were not given certificates?—A. About 12 
or 15. 

Cross-examination: 

Q. Give me the names of some of them who could read and did not get certifi¬ 
cates?—A. Jacob Eady, Newton Hanna, and Moses Cooper are all I can remem¬ 
ber now. 

Q. Did you attend the registration?—A. I did. 

L. F. Cooper. 

Sworn to and subscribed before me this 22d of February, 1897. 

[seal.] R. H. Richardson, Notary Public. 


Exhibit F. 


Blank No. 2, 

State of South Carolina, Williamsburg County: 

This certifies that the undersigned, being over the age of 21, male resident of 

the voting precinct Altman, of Ward-, and legally qualified to register and vote 

therein, did, on this the 3d day of November, 1896, present himself at the said voting 
precinct to vote for Geo. W. Murray, the Republican candidate for Congress in 
the First district of said State, desiring and intending to vote for the said Geo. W. 
Murray, and, upon his attempting to so vote, was denied the right to so vote, and 
his vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register, and further states that if he had been permitted to register and to vote 
at said election, he would have voted for the said Geo. W. Murray, the Republican 
candidate for Congress in said district. 

Tom (his x mark) Brown. 

Witnesses: 

Horace Brown. 

L. F. Cooper. 

Personally appeared Tom Brown and made oath that the above statement is 
correct. 

Z. R. Cooper, Notary Public, [l. s.] 

Williamsburg, S. C., February 12, 1897. 

[Twenty-six affidavits, same as above, signed and witnessed, filed with this 
exhibit.] 



MURRAY VS. ELLIOTT. 


191 


Blank No. 1. 


State of South Carolina, Williamsburg County: 

This certifies that the undersigned, being over the age 21, male resident of the 

voting precinct Altman, of Ward-, and legally qualified to register and vote 

therein, did, on this, the 3d day of November, 1896, present himself at the said 
voting precinct to vote for Geo. W. Murray, the Republican candidate for Con¬ 
gress in the First district of said State, desiring and intending to vote for the said 
Geo. W. Murray, and, upon his attempting to so vote, was denied the right to 
so vote, and his vote thus offered to the proper officers was rejected. 

And tiie undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration, under the laws of South Car¬ 
olina, being entitled to such registration, but had been refused and denied the 
right to register; and he further states that if he had been permitted to register 
and to vote at said election he would have voted for Geo. W. Murray, the Repub¬ 
lican candidate for Congress in said district. 

And the undersigned further states that he is qualified even under the present 
constitution, as he can read and write, as evidenced by the fact that he signs this 
in his own handwriting. 

C. Cooper. 

Witnesses: 

Horace Brown. 

L. F. Cooper. 

Personally appeared C. Cooper and made oath that the above statement is correct. 

Z. R. Cooper, Notary Public, [l. s.] 

Williamsburg, S. C., February 12, 1897. 

[Nine affidavits, same as above, signed and witnessed, filed with this exhibit.] 

HORACE BROWN, sworn: 

Age 42, and reside in Altaman precinct. 

Q. Where were you on election day, November 3 last?—A. At Altaman voting 
place. 

Q. What are these? [Handing witness a batch of papers. ] —A. Affidavits which 
were taken in behalf of G. W. Murray, made by those who could not vote and 
which I witnessed. 

Q. Tell me something about the registration of the colored voters in your pre¬ 
cinct.—A. Equal right was not given the colored, for all of the whites got theirs, 
and only a part of the colored who could read got theirs. 

Q. About how many colored who could read did not get theirs?—A. I remember 
two. I am satisfied there are more, but can't remember them now—Jacob Eady 
and Moses Cooper. 

Horace Brown. 

Sworn to and subscribed before me this 22d of February, 1897. 

[seal.] R. H. Richardson, Notary Public. 


C. W. COOPER, sworn: 


Age 29, and reside in Kingston precinct. 

Q. Where were you on election day, November 3 last?—A. At Kingston voting 
place, at the Congressional poll. . „ 

Q. Did you have anything to do with the election?—A. Yes; I witnessed affi¬ 
davits. ... , , , , , 

Q. What are these?—A. Affidavits of rejected voters who wanted to vote for 

G. W. Murray and which I witnessed. 

C. W. Cooper. 


Sworn to and subscribed before me 
[seal.] 


this 22d of February, 1897. 

R. H. Richardson, Notary Public. 


O. B. BRUINTON, sworn: 

Age 43, and reside in Bloomingvale precinct. 

Q. Did you vote on election day last?—A. No. 

Q. Why did you not vote?—A. The managers would not let me vote. 
Q. Did you have a registration certificate?—A. I had an old one. 

Q. Did you try to get a new one?—A. Yes. 



192 


MURRAY VS. ELLIOTT. 


Q. Can you read?—A. Yes. . , , , 

Q. Do you know any Democrat in your community who can not read who was 
given a certificate?—A. Yes; I know one, Joe Cox, and I asked the supervisors 
why could they not give me a certificate, who could read, and they had given Joe 
Cox one, who could not read; and one of the supervisors told me I know what 
Tillman said in his speech; that is, he would see that the poor whites were tieated 
ctll right 

Q. Did you make an affidavit that day?- A. l T es; and William Erwin witnessed it. 

Cross-examination; 

Q. Which one of the supervisors told you that?—A. Mr. Eady, I think. 

O. B. Bruington. 


Sworn to and subscribed before me 
[seal.] 


this 22d of February, 1897. 

R. H. Richardson, Notary Public. 


Z. R. COOPER recalled: 

Q. How many ballot boxes were at Cades precinct on election day?—A. One 
Congressional and one Presidential. 

Q. Did any residents of the Sixth district vote at that box as you know of?—A. 
No. 

Q. I find six votes here for J. L. McLaurin; were you present when these votes 
were counted?—A. Yes. 

Z. R. Cooper. 


Sworn to and subscribed before me this 22d day of February, 1897. 

[seal.] R. H. Richardson, Notary Public. 


JAMES THARPE sworn: 

Age. 50; and reside in Kingstree. 

Q. How long have you lived in Kingstree?—A. About twenty-seven years. 

Q. Are you very well acquainted with the residents of this town?—A. Yes. 

Q. I have here a poll list of Kingstree precinct; you will please give me resi¬ 
dence of the following persons.—A. R. R. Stutts, in Kingstree; R. H. Kelleyham, 
in Kingstree; M. F. Hella, in Kingstree; G. P. Nelson, in Kingstree; J. T. Nel¬ 
son, in Kingstree: W. W. Graceson, in Kingstree; C. W. McCalam, in Kingstree; 
F. Stackley, in Kingstree; H. O. Briton, in Kingstree; R. C. Logan, in Kingstree; 
M. J. Hirch, in Kingstree; W. G. Gamble, Kingstree; H. W. Bryan, don't know 
him; W. J. Reddick, Kingstree; O. A. Darby, Kingstree; H. D. Reddick, Kings¬ 
tree; J. A. Kelley, Kingstree; R. K. Wallace, Kingstree; Dr. W. V. Brockinton, 
Kingstree; G. W. Arms, Kingstree; C. J. Lesesne, Kingstree; E. G. Chandler, 
Kingstree; J. A. Scott, Kingstree: J. J. Snow, Kingstree. 

Q. Did you call attention to the fact on election day that Kingstree was in the 
Sixth district—the town, I mean—and that residents of the town should vote in 
the box provided for that district?—A. I did. 

Q. Did the managers of election and other friends of Mr. Elliott regard your 
suggestion or not?—A. They did not. The friends of Mr. Elliott claimed that the 
town of Kingstree was in the First district, and they so voted. 

Q. Were you interested in the registration of voters in this county? And if so. 
state if the Republicans were given as fair a chance as the Democrats to secure 
certificates.—A. Yes: I was interested in voters getting certificates, and know that 
Republicans were not given the same chance as Democrats. Frank Shaw, who is 
a school-teacher, was refused his certificate, and he holds a certificate from the 
county board of examiners as teacher. 

Q. To what party did the supervisors of this county belong?—A. Democratic 
party. 

Q. To what party did the commissioners and the managers appointed by them 
belong?—A. Democratic party. 

Cross-examination: 

Q. How do you know that the residents of this town voted for Elliott?—A. A 
great many of them told me so. 

Q. Name some of the parties who told you so.—A. Kelleyham, McComes—don't 
remember any more now. 

Jas. Tharpe. 

Sworn to and subscribed before me this 22d of February, 1897. 

[seal.] R. h. Richardson, Notary Public. 


MURRAY VS. ELLIOTT. 


193 


G. W. McCOLLOUGH sworn: 

Age, 40, and resides in Kingstree precinct. 

Q. Did you on election day hear any discussion as to whether the town of Kings¬ 
tree was in the Sixth district, and to whether the residents should vote in the box 
provided for that district?—A. Yes. 

Q. State whether the managers of election made any efforts to have the residents 
of the first and sixth districts who vote at the polling precinct vote in the proper 
box.—A. The managers said that the people of the town should vote in the box 
for the first district. 

Q. Did the Republicans of this county to your knowledge make proper efforts to 
secure certificates?—A. Yes; they came in large crowds on the days appointed and 
applied for their certificates. They also bought copies of the new constitution 
from me, and studied them. Many of them applied who could read and the super¬ 
visors refused to give them the certificates. 

Q. Did the Republicans of this county ask for representation on the various 
boards of managers for the Federal election?—A. They asked, but was refused. 

Cross-examination: 

Q. Who were the parties who applied for certificates and did not get them, but 
who could read?—A. Frank Shaw and Alfred Mabry were two of them: others I 
don’t remember. 

G. W. McCollough. 

Sworn to and subscribed to before me this 22d day February, 1897. 

[seal.] R. H. Richardson, Notary Public. 

Gourdin, S. C., February 23, 1897. 

Pursuant to notice the taking of testimony in the contested-election case of 
G. W. Murray v. William Elliott was resumed. 

W. T. Andrews, attorney for contestant, and T. M. Gilland attorney for contes- 
tee, respectively, present. 

M. L. MURRAY, sworn: 

Age, 35; and resides in Greelyville. 

Q. Where were you on election day, November 3 last?—A. At the Federal poll 
at Greelyville. 

Q. In the interest of what party were you there?—A. The Republican party. 

Q. What are these [handing witness a batch of papers] ?—A. These are affidavits 
of rejected voters: I saw them make those affidavits and I witnessed them. 

Q. What official position, if any, do you hold in your precinct?—A. Chairman 
of my precinct. 

(Seventy-nine affidavits of citizens of Greelyville offered in evidence, marked 
“ Exhibit R.” 

Objected to by attorney for contestee on the ground that they are incompetent 
and not proven.) 

Q. For whom did these 79 affiants desire to vote?—A. For G. W. Murray; I 
know this because I issued them Murray tickets, and I saw them go to the man¬ 
agers and offer to vote. 

Q. As precinct chairman, state whether the Republicans of your precinct made 
proper efforts to provide themselves with certificates.—A. Yes, they did. 

Q. Was there any difference in the treatment of Republicans and Democrats by 
the supervisors of registration in giving out certificates?—A. There was; because 
I know that there are Republicans who can read to whom the supervisors of reg¬ 
istration would not give certificates, and there are Democrats who can not read 
that they did give certificates to. 

Q. About how many Republicans who can read in your precinct who were not 
given their certificates?—A. About 35 or 40. 

Q. About how many Democrats in your precinct who can not read that were 
given certificates?—A. About 10 or 15. 

Cross-examination: 

Q. Will you please name the 10 or 15 Democrats who could not read and got their 
certificates?—A. I can not name them all now, because I have not the list with me; 
there is George Huse for one, Ben Huse, his son, and others, whom I can not 
name now. 

Q. Name some of the Republicans who can read and did not get certificates.— 
A. Moses G. Murray, Alfred Mabry, Burgess Mack; can’t remember any others 
now, but there are plenty of others. 

17745 - 13 



194 


MURRAY VS. ELLIOTT. 


Q. How do you know that Alfred Mabry applied for certificate?—A. He told me 
he did. 

Q. How do you know that Moses G. Murray applied?—A. I was with him when 
he applied. 

Redirect: 

Q. As precinct chairman it is your duty to post your people and to inquire con¬ 
cerning their success and failure, is it not?—A. Yes. 

G. Is it the custom also for them to report to you whether they succeed or fail, 
and ask what step next to take?—A. Yes. 

M. L. Murray. 

Sworn and subscribed to before me this 23d day of February, 1897. 

[seal.] R. H. Richardson, Notary Public. 

Exhibit R. 

Blank No. 2. 

State of South Carolina, Williamsburg County: 

This certifies that the undersigned, being over the age of 21, male resident of 

the voting precinct Greelyville, of Ward-, and legally qualified to register and 

vote therein, did, on this the 3d day of November, 1896, present himself at the said 
voting precinct to vote for George W. Murray, the Republican candidate for Con¬ 
gress in the First district of said State, desiring and intending to vote for the said 
George W. Murray, and, upon his attempting to so vote, was denied the right to 
so vote, and his vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and 
as required by statute, he had applied for registration under the laws of South 
Carolina, being entitled to such registration, but had been refused and denied the 
right to register, and further states that if he had been permitted to register and 
to vote at said election, he would have voted for the said George W. Murray, the 
Republican candidate for Congress in said district. 

Brister Green. 

Witnesses: 

M. L. Murray. 

P. B. Murnell. 

Personally appeared Brister Green and made oath that the above statement is 
correct. 

Z. R. Cooper, Notary Public, [l. s.] 

Greelyville, S. C., January 19,1897. 

[Seventy-seven affidavits, same as above, signed and witnessed, filed with this 
exhibit.] 

P. B. MUNELL, sworn: 

Age, 34, and resides in Greelyville precinct. 

Q. Where were you on election day, November 3 last?—A. At Greelyville poll¬ 
ing place at the Federal poll. 

Q. Do you identify that batch of papers marked “ Exhibit R? A. I do. These 
are the affidavits the rejected voters made that day, and which I witnessed. 

Q. Do you know of any difference in the treatment of Republicans and Demo¬ 
crats by the supervisors of registration?—A. I don’t know. 

P. B. Munell. 

Sworn to and subscribed to before me this 23d day of February, 1897. 

[seal.] R. H. Richardson, Notary Public . 


BOSTON PLOWDEN, sworn: 

Age, 39, and resides in Gourdin precinct. 

place attlur FederaYpoll" electionda y- Novembers, last?-A. At Gourdin voting 

Q- What are these [handing witness a batch of papers]?—A. These are the 
ag^vits which the rejected voters made that day, and which I witnessed with D. 

(Ninety-two affidavits of citizens of Gourdin precinct offered in evidence by 
attorney for contestant, marked “Exhibit S.” eviuouws uy 


MURRAY VS. ELLIOTT. 195 

Objected to by attorney for contestee on the ground that they are incompetent 
and not proven.) 

Q. For whom did these 02 persons make an effort to vote?—A. For G. W. Mur¬ 
ray: they came to me and called for Murray tickets and I issued Murray’s tickets 
to them, and they presented that ticket to the managers of election. 

Q. If you know any colored men who could read and were not allowed to regis¬ 
ter, name them.—A. About 10 persons. I can name 6, and I am satisfied there 
were more than 10. 

Q. What official position do you hold?—A. Precinct chairman of this precinct 
in the Republican party. 

Q. Did your people make efforts to secure registration certificates?—A. They 
did. They came to me and I gave them all the information I could. 

Cross-examination: 

Q. How do you know that your people made proper efforts to get certificates?— 
A. They came to me for information. I was at the place, and a few of them 
bought constitutions and studied them, to inform themselves for the examination. 

Boston Plowden. 

Sworn to and subscribed before me this 23d day of February, 1897. 

[seal.] R. H. Richardson, Notary Public. 

Exhibit S. 

Blank No. 1. 

State of South Carolina, Williamsburg County: 

This certifies that the undersigned, being over the age 21, male resident of the 
voting precinct Gourdin, of Ward—, and legally qualified to register and vote 
therein, did, on this the 3d day of November, 189(5, present himself at the said 
voting precinct to vote for George W. Murray, the Republican candidate for Con¬ 
gress in the First district of said State, desiring and intending to vote for the said 
George W. Murray, and upon his attempting to so vote was denied the right to 
so vote, and his vote, thus offered to the proper officers, was rejected. 

And the undersigned further states that prior to such an attempt to vote, and 
as required by statute, he had applied for registration, under the laws of South 
Carolina, being entitled to such registration, but had been refused and denied the 
right to register; and he further states that if he had been permitted to register 
and to vote at said election, he would have voted for George W. Murray, the Re¬ 
publican candidate for Congress in said district. 

And the undersigned further states that he is qualified, even under the present 
constitution, as he can read and write, as evidenced by the fact that he signs this 
in his own handwriting. 

E. (his x mark) Danby. 

Witnesses: 

B. Plowden. 

D. Rabnell. 

Personally appeared E. Danby and made oath that the above statement is cor¬ 
rect. 

Z. R. Cooper, Notary Public, [l. s.J 

Williamsburg, S. C., January 20, 1897. 

[Fifty-two affidavits same as above, signed and witnessed, filed with this exhibit.] 

Blank No. 2. 

State of South Carolina, Williamsburg County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct Gourdin, of Ward —, and legally qualified to register and vote 
therein, did, on this the 3d day of November, 1896, present himself at the said vot¬ 
ing precinct to vote for Geo. W. Murray, the Republican candidate for Congress 
in the First district of said State, desiring and intending to vote for the said Geo. 
W. Murray, and, upon his attempting to so vote, was denied the right to so vote, 
and his vote, thus offered to the proper officers, was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 


196 


MURRAY VS. ELLIOTT. 


to register, and further states that if he had been permitted to register and to vote 
at said election he would have voted for the said Geo. W. Murray, the Republican 
candidate for Congress in said district. 

S. J. (his x mark) Wilson. 

Witnesses: 

B. Plowden. 

D. Rabnell. 

Personally appeared S. J. Wilson and made oath that the above statement is 
correct. 

Z. R. Cooper, Notary Public, [l. s.] 

Williamsburg, S. C., January 20,1897. 

[Thirty-eight affidavits same as above, signed and witnessed, filed with this 
exhibit.] 

A. J. MORION sworn: 

Age 42, and resides in Gourdin precinct. 

Q. Where were you on election day, November 3 last?—A. At the polls. 

Q. Did you vote?—A. No. 

Q. Why?—A. I had no registration certificate. 

Q. What did you do then?—A. I. went to Ramnell and made an affidavit that I 
was rejected. 

Q. Can you read?—A. Yes. 

Q. Why is it. then, that you did not get a certificate?—A. The supervisors 
claimed that I could not read. 

Q. Do you remember what they gave you to read?—A. Yes; the sixth section, 
on page 7 of the new constitution. 

A. J. Morion. 

Sworn and subscribed to before me this 23d day of February, 1897. 

[seal.] R. H. Richardson, Notary Public. 


PETER KELTY sworn: 

Age 63, and resides Gourdin precinct. 

Q. Did you vote on election day, November 3 last?—A. No; did not have a reg¬ 
istration certificate. 

Q. Did you try to get a certificate?—A. Yes. 

Q. Can you read?—A. Yes. 

Q. Why did the supervisors refuse to give you a certificate?—A. They said I 
could not read proper. 

Peter (his x mark) Kelty. 

Sworn and subscribed to before me this 23d day of February, 1897. 

R. H. Richardson, Notary Public. 


CARTER MURRAY sworn: 

Age 58, and resides in Gourdin precinct. 

Q. Did you vote at the last election?—A. No. 

Q. Why?—A. Had no certificate. 

Q. Did you try to get a registration certificate, and can you read?—A. Yes. 

Carter (his x mark) Murray. 

Sworn and subscribed to before me this 23d day of February, 1897. 

[seal.] R. H. Richardson, Notary Public. 

Attorney for contestant offers in evidence 27 affidavits from citizens of Muddy 
Creek, marked “ Exhibit T,” and 58 affidavits from citizens of Indian town, marked 
“ Exhibit P. ? ' 

Objected to by attorney for contestee on the ground that they are incompetent 
and not proven. 

Attorney for contestant offers in evidence the poll lists from fourteen precincts, 
all being in Williamsburg County, and forming a part of the First Congressional 
district of South Carolina, namely: Bloomingvale, Earls. Cadan's Swamp, Alt¬ 
man's store, Cades, Black Mingo, Greelyville, Indiantown, Gourdin, Kingstree 
Lake City, Salters, Suttons, Trio. 

[seal.] R. H. Richardson, Notary Public. 


MURK AY VS. ELLIOTT. 


197 


Exhibit T. 

Blank No. 1. 

State of South Carolina, Williamsburg County: 

This certifies that the undersigned, being over the age 21, male resident of the 
voting precinct Muddy Creek, of Ward —, and legally qualified to register and vote 
therein, did, on this the 3d day of November, 1893, present himself at the said 
voting precinct to vote for Geo. W. Murray, the Republican candidate for Con¬ 
gress in the First district of said State, desiring and intending to vote for the said 
Geo. W. Murray, and, upon his attempting to so vote, was denied the right to so 
vote, and his vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration, under the laws of South Car¬ 
olina being entitled to such registration, but had been refused and denied the right 
to register; and he further states that if he had been permitted to register and to 
vote at said election he would have voted for Geo. W. Murray, the Republican 
candidate for Congress in said district. 

And the undersigned further states that he is qualified even under the present 
constitution, as he can read and write, as evidenced by the fact that he signs this 
in his own handwriting. 

W. S. Rodgers. 

Witnesses: 

H. K. JBossard. 

Elig Brown. 

Personally appeared W. S. Rodgers and made oath that the above statement is 
correct. 

[l. s.] Z. R. Cooper, Notary Public. 

Williamsburg, S. C., November 15, 1S9G. 

[Twelve affidavits same as above, signed and witnessed, filed with this exliibit.J 

Blank No. 2. 


State of South Carolina, Williamsburg County: 

This certifies that the undersigned, being over the age of 21, male resident of 
the voting precinct Muddy Creek, of Ward —, and legally qualified to register and 
vote therein, did, on this the 3d day of November, 1896, present himself at said 
voting precinct to vote for Geo. W. Murray, the Republican candidate for Con¬ 
gress in the First district of said State, desiring and intending to vote for the said 
Geo. W. Murray, and, upon his attempting to so vote, was denied the right to so 
vote, and his vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and 
as required by statute, he had applied for registration, under the laws of South 
Carolina being entitled to such registration, but had been refused and denied the 
right to register; and further states that if he had been permitted to register and 
to vote at said election he would have voted for the said Geo. W. Murray, the 
Republican candidate for Congress in said district. 

James Lewis. 

Witnesses: 

H. K. Bossard. 

Elic Brown. 


Personally appeared 
correct. 

[L. S.] 


James Lenonis and made oath that the above statement is 

Z. R. Cooper, Notary Public. 


Williamsburg, S. C., November 15, 189G. 

[Thirteen affidavits same as above, signed and witnessed, filed with this 
exhibit.] 

Exhibit P. 


Blank No. 1. 


State of South Carolina, Williamsburg County: 

This certifies that the undersigned, being over the age 21. male resident of 
the voting preciuct Indiantown, of Ward —, and legally qualified to register and 


198 


MURRAY VS. ELLIOTT. 


vote therein, did, on this the 3d day of November, 1896, present himself at the said 
voting precinct to vote for Geo. W. Murray, the Republican candidate for Con¬ 
gress in the First district of said State, desiring and intending to vote for the said 
Geo. W. Murray, and, upon his attempting to so vote, was denied the right to so 
vote, and his vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and 
as required by statute, he had applied for registration, under the laws of South 
Carolina being entitled to such registration, but had been refused and denied the 
right to register; and he further states that if he had been permitted to register 
and to vote at said election he would have voted for Geo. W. Murray, the Repub¬ 
lican candidate for Congress in said district. 

And the undersigned further states that he is qualified even under the present 
constitution, as he can read and write, as evidenced by the fact that he signs this 
in his own handwriting. 

D. W. Jones. 

Witnesses; 

M. McKnight. 

A. T. Thomas. 

Personally appeared D. W. Jones and made oath that the above statement is 
correct. 

[l. s.] Z. R. Cooper, Notary Public. 

Williamsburg, S. C., January 22,1897. 

[Twenty affidavits same as above, signed and witnessed, filed with this exhibit.] 

Blank No. 2. 

State of South Carolina, Williamsburg County: 

This certifies that the undersigned, being over the age of 21, male resident of 
the voting precinct Indiantown, of Ward —, and legally qualified to register and 
vote therein, did, on this the 3d day of November, 1896, present himself at the 
said voting precinct to vote for Geo. W. Murray, the Republican candidate for 
Congress in the First district of said State, desiring and intending to vote for the 
said Geo. W. Murray, and, upon his attempting to so vote, was denied the right 
to so vote, and his vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and 
as required by statute, he had applied for registration, under the laws of South 
Carolina being entitled to such registration, but had been refused and denied the 
right to register; and further states that if he had been permitted to register and 
vote at said election he would have voted for the said Geo. W. Murray, the 
Republican candidate for Congress in said district. 

John H. (his x mark) Cooper. 

Witnesses: 

M. McKnight. 

A. T. Thomas. 

Personally appeared John H. Cooper and made oath that the above statement 
is correct. 

[l. s.] Z. R. Cooper, Notary Public. 

Williamsburg, S. C., January 22,1897. 

[Thirty-six affidavits same as above, signed and witnessed, filed with this 
exhibit.] 

State of South Carolina. Board of managers for the election of Federal officers at 
Bloomingvale precinct of Williamsburg County. 

Statement of return of votes. 

We, the board of managers for the election of Federal officers for the Bloom¬ 
ingvale precinct of the county of Williamsburg, State of South Carolina, make the 
following statement and return of votes given for Presidential electors and Mem¬ 
ber of Congress, voted for in the said county on the third day of November, A. D. 
1896. 


MURRAY YS. ELLIOTT. 


199 


The whole number of votes given for Presidential electors was 42. 

Of which W. J. Bryan received. 33 

Of which McKinley received.. 9 

Total number of votes cast..... 42 

The whole number of votes given for Member of Congress was 42. 

Of which William Elliott received.. 33 

Of which G. W. Murray received. 9 

Total number of votes cast. 42 


We do hereby certify that the foregoing statement is correct in all respects. 

In witness whereof we have hereunto subscribed our names this 3rd day of 
November, A. D. 1896. 

B. S. Smith, 

M. C. Pipkin, 

J. M. McConnel, 

Board of Managers for the Election of Federal Officers for 
Bloomingvale Precinct of the County of Williamsburg . 


Poll list kept by the managers of elections of the Bloomingvale election precinct 
of the county of Williamsburg, of the State of South Carolina. 


1. R. B. Marshall. 

2. E. Pipkin. 

3. W. J. Morris, sr. 

4. B. S. Smith. 

5. J. S. Britt. 

6. Theodore Bochett. 

7. D. J. Britt. 

8. J. G. Pipkin. 

9. J. K. Smith. 

10. Henry Morris. 

11. W. B. Baker. 

12. W. W. Tisdale. 

13. J. O. Morris. 

14. J. T. Smith. 

W. M. Ervin—name o: 
was not allowed to vote. 


Names of voters. 

15. Calvin Johnson. 

16. A. J. Cox 

17. Willie Cox. 

18. W. C. Ervin. 

19. C. R. Howard. 

20. Anthony McCollough. 

21. J. J. Casselman. 

22. T. J. Phillips. 

23. H. A. Casselman. 

24. J. W. Casselman. 

25. Esau Green. 

26. Mitchel Rush. 

27. J. M. McConnel. 

28. J. P. Harward. 

book and registration ti 


29. T. C. Poston. 

30. T. J. Cox. 

31. W.T. Poston. 

32. J.J. Poston. 

33. Monroe McCollough. 

34. W. A. Marshall. 

35. W. J. Morris, jr. 

36. T. K. Smith. 

37. S. T. Russell, sr. 

38. L. J. Rush. 

39. F. G. Grant. 

40. M. H. Pipkin. 

41. W. J. Marshall. 

42. W. J. Brockinton. 

did not correspond, and he 


State of South Carolina, Office of Secretary of State: 

I, D. H. Tompkins, secretary of state, do hereby certify that the foregoing is an 
exact copy of the election returns of Bloomingvale precinct in Williamsburg 
County. 

Given under my hand and the great seal of the State at Columbia this the 21st 
day of December, in the year of our Lord one thousand eight hundred and ninety- 
six and in the one hundred and twentieth year of the Independence of the United 
States of America. 

[seal.] D. H. Tompkins, Secretary of State. 


State of South Carolina. Board of managers for the election of Federal officers at 
Earls precinct of Williamsburg County. 

Statement of return of votes. 

We, the board of managers for the election of Federal officers for the Earls pre¬ 
cinct of the county of Williamsburg, State of South Carolina, make the following 
statement and return of votes given for Presidential electors and Member of Con¬ 
gress voted for in the said county on the third day of November, A. D. 1896: 

The whole number of votes given for Presidential electors was 52. 


Of which M. R. Cooper received. 52 

Of which T. L. Gantt received.. 52 

Of which C. T. Pritchard received. 52 

Of which R. B. Watson received. 52 

Of which C. L. Blease received... 52 

Of which J. J. McMahan received.....52 

Of which W. D. Tran than received...52 

Of which James Stackhouse received. 52 

Of which T. W. Standland received. 


Total number of votes cast 


52 




















200 


MURRAY VS. ELLIOTT. 


The whole number of votes given for Member of Congress was 52. 
Of which Win. Elliott received. 


Total number of votes cast 


We do hereby certify that the foregoing statement is correct in all respects. 

In witness whereof we have hereunto subscribed our names this 3rd day of 
November, A. D. 1896. 

N. B. Haselden, 


W. R. Camlin, 

R. M. Haselden, 

Board of Managers for the Election of Federal Officers 

for Earls Precinct of the County of Williamsburg. 


POLL LIST. 


Names of voters. 


1. L.C. Dicker. 

19. W. W. Cox. 

37. 

W. A. Moor. 

2. L. A. Wheeler. 

20. John Willson. 

38. 

J. J. Avant. 

3. E.Cox. 

21. W.B. Blakely. 

39. 

W. S. Camlin, sr. 

4. J.D. Weaver. 

22. J.L. McCants. 

40. 

D. W. Johnson. 

5. Asa Roger son. 

23. A. R. Akermon. 

41. 

John Powell. 

6. J.J. Dray. 

24. R. P. Johnson. 

42. 

T. H. Locklin. 

7. M.C. Paster. 

25. S. A. Rowell. 

43. 

D. W. Avent. 

8. M. M. Powell. 

26 . W.N.Moyd. 

44. 

John Norton. 

9. L. E. McCants. 

27. J. T. Johnson. 

45. 

Robt. Norton. 

10. J.P. Elliott. 

28. J. E. Feagor. 

46. 

J. S. Wheeler. 

11. I. J. Powell. 

29. W. M. Haselden. 

47. 

W. B. Haselden, 

12. Alx Gray. 

30. S.S. Blakely. 

48. 

W. E. Wheeler. 

13. W.C. Terry. 

31. H.G. Wilson. 

49. 

R. M. Haselden. 

14. M.J. Player. 

32. J.L. Blakely. 

50. 

T. W. Camlin. 

15. W.P. Blake. 

33. J. M. Player. 

51. 

W. R. Camlin. 

16. J. B. Blake. 

34. G.W. Powell. 

52. 

W. S. Camlin, jr. 

17. J.H. Wheeler. 

35. S. J. McCants. 



18. W. L. Johnson. 

36. L. G. Flowers. 




State of South Carolina, Office of Secretary of State: 

I, D. H. Tompkins, secretary of state, do hereby certify that the foregoing is 
an exact copy of the election returns for Earls precinct, in Williamsburg County. 

Given under my hand and the great seal of State, at Columbia, this the 21st day 
of December, in the year of our Lord one thousand eight hundred and ninety-six 
and in the one hundred and twentieth year of the independence of the United 
States of America. 

[seal.] D. H. Tompkins, Secretary of State. 

State of South Carolina. Board of managers for the election of Federal officers at 
Cedar Swamp precinct of Williamsburg County. 

Statement of return of votes. 

We, the board of managers for the election of Federal officers for the Cedar 
Swamp precinct of the county of Williamsburg, State of South Carolina, make 
the following statement and return of votes given for Presidential electors and 
Member of Congress, voted for in the said countv on the third day of November, 
A. D. 1896. 

The whole number of votes given for Presidential electors was 126, 


Of which W. J, Bryan received....... 110 

Of w T hich McKinley received....... 16 


Total number of votes cast..... 126 

The whole number of votes given for Member of Congress was 124, 

Of which William Elliott received.... 109 

Of which G. W. Murray received.... 15 


Total number of votes cast 


124 


We do hereby certify that the foregoing statement is correct in all respects. 

In witness whereof we have hereunto subscribed our names this 3rd dav of 
November, A. D. 1896. 


S. M. Brown, 

H. L. Grayson, 

S. A. Tisdale, 

Board of Managers for the Election of Federal Officers 
for Cedar Swamp Precinct of the County of Williamsburg. 

W. S. Grayson, Clerk. 












MURRAY YS. ELLIOTT. 


201 


POLL LIST. 

Names of voters. 


1 . 

W. D. Snowden. 

44. 

2. 

J. B. Chandler, jr. 

45. 

3. 

W.I. Tisdale, 

46. 

4. 

George Green. 

47. 

5. 

Frank Green. 

48. 

6. 

Guss McCattery. 

49. 

7. 

J. W. Gray. 

50. 

8. 

R. S. Tisdale, jr. 

51. 

9. 

R. H. Tisdale. 

52. 

10. 

W. G. Cantley, jr. 

53. 

11. 

C. B. Cantley. 

54. 

12. 

G. W. Nesmith. 

55. 

13. 

N. S. Bockinton. 

56. 

14. 

S. J. Bradshaw.. 

57. 

15. 

James McCutchen. 

58. 

16. 

D. E. McCutchen. 

59. 

17. 

S. S. Mitchum. 

60. 

18. 

L. C. Callahan. 

61. 

19. 

Sharper Pressley. 

62. 

20. 

Solomon Snowden. 

63. 

21. 

S. D. Bayler. 

64. 

>» 

D. C. Howard. 

65. 

zi 

H. A. McCullough. 

66. 

24. 

L. E. Baylor, sr. 

67. 

25. 

W. H. Baylor, jr. 

68. 

26. 

H. E. Tisdale, jr. 

69. 

27. 

J. E. Brown. 

70. 

28. 

T. A.McCrea. 

71. 

29. 

Robert Nesmith. 

72. 

30. 

L. Nesmith. 

73. 

31. 

W. G. Cantley. 

74. 

32. 

J. G. Nesmith. 

75. 

33. 

B. H. McClary. 

76. 

34. 

Peter Cunningham. 

77. 

35. 

W. P. Nesmith. 

78. 

36. 

S. D. Nesmith. 

79. 

37. 

H. S. Nesmith. 

80. 

38. 

J. C. McClary. 

81. 

39. 

J. S. McCullough. 

82. 

40. 

W. D. Brown. 

83. 

41. 

T. J. Tisdale. 

84. 

42. 

Dozier Singletary. 

85. 

43. 

W. H. Parnell. 

86. 


G. E. Miles. 

M. J. Cooper. 

S. L.Severance. 

W. McCullough. 

R. E. Rodgers. 

S. A. Rodgers. 

J. A. Marshall. 

J. S. Cunningham. 

S. D. Cunningham. 

T. A. McCrea. 

W. M. McCrea. 

J. J. Gibson. 

Sam McCutchen. 

L. O. Tisdale. 

George Scott. 
Newton Singletary. 
S. D. Tisdale. 

F. L. McCullough. 

S. T. McCrea. 

John E. Scott. 

W. F. McCants. 

W. M. Tisdale. 

L. W. McCants. 

D. W. Courtney. 

J. S. McCullough, jr. 

L. P. McCullough. 

S. H. Garce. 

G. C. Cantley. 

W. S. Robinson. 

J. L. Nesmith. 

D. J. Green. 

M. H. Cantley. 

N. D. Lessene. 

W. Gorden Cantley. 
R. W. Spann. 

W. L. Grice. 

Joe Scott. 

T. J. Strong. 

D. Scott: 

Burgess Chandler. 
W. V. Strong. 

D. G. Johnson. 

J. G. McCullough. 


87. J.S. Tisdale. 

88. J.H. Tisdale. 

89. Pole Tvlor. 

90. J. McTisdale. 

91. D.H. Hanna. 

92. S. S. Tisdale. 

93. J.J.M. Tisdale. 

94. W. A. McCrea. 

95. W.L. Tisdale. 

96. L. F. Tisdale. 

97. G. H. Brown. 

98. F. G. Cantley. 

99. J.J. Strong. 

100. D.N.Kelhan. 

101. Jess Turner. 

102. J. R. Bookington. 

103. James Nesmith. 

104. Richard Nesmith. 

105. Porter Presley. 

106. J. P. McCants. 

107. G. K. Mitchum. 

108. G. B. Mitchum. 

109. W. H. Walters, 

110. Coachman Mitchum. 

111. R.D. Gamble. 

112. S.T. Nesmith. 

113. H.E. Tisdale. 

114. Isaac Mitchum. 

115. S.N.Ferdon. 

116. S.M. Brown. 

117. W. S. Grayson. 

118. S. A. Tisdale. 

119. H.L. Grayson. 

120. W. E. Snowden. 

121. J. B. Chandler, sr. 

122. \V. H. Kennedy. 

123. S. J. McConnell. 

124. S. B. W. Courtney, sr. 

125. W. E. Rodgers. 

126. R. H. Strong. 

127. V. E. Strong. 

128. J. A. Cunningham. 


State of South Carolina, Office of Secretary of State: 

I, D. H. Tompkins, secretary of state, do hereby certify that the foregoing is an 
exact copy of the election returns for Cedar Swamp precinct in Williamsburg 
County. 

Given under my hand and the great seal of the State at Columbia this the 21st 
day of December, in the year of our Lord one thousand eight hundred and ninety- 
six, and in the one hundred and twentieth year of the Independence of the United 
States of America. 

[seal.] D. H. Tompkins, Secretary of State. 


State of South Carolina. Board of managers for the election of Federal officers at 
Altmans Store precinct of Williamsburg County. 

Statement of return of votes. 

We, the board of managers for the election of Federal officers for the Altmans 
Store precinct of the county of Williamsburg, State of South Carolina, make the 
following statement and return of votes given for Presidential electors and Mem¬ 
ber of Congress voted for in the said county on the third day of November, A. D. 
1896: 

The whole number of votes given for Presidential electors was 78. 


Of which Bryan electors received ..... 55 

Of which McKinley electors received.......23 


Total number of votes cast ....... 78 

The whole number of votes given for Member of Congress was 79. 

Of -which Elliott for Congress received ...... 55 

Of which Murray for Congress received....24 


Total number of votes cast..... 79 

We do hereby certify that the foregoing statement is correct in all respects. 








202 


MURRAY VS. ELLIOTT. 


In witness whereof we have hereunto subscribed our names this 3rd day of 
November, A. D. 1896. 

S. B. Thompson, 

J. P. Slom, 

J. M. Carter, 

Board of Managers for the Election of Federal Officers for Altmans 
* Store Precinct of the County of Williamsburg, S. C. 

M. H. Carter, Clerk. 


Poll list kept by the managers of elections of the Altmans Store election precinct, 
of the county of Williamsburg, of the State of South Carolina. 


1. J. M. Spring. 

2. M.H. Carter. 

3. John Thompson. 

4. N. L. Cox. 

5. Melvin Thompson. 

6. L.F. Cooper. 

7. Sam Paul. 

8. Jack Cooper. 

9. Lunnon James. 

10. James Williams. 

11. N.D. Poston. 

12. Yergin Cooper. 

13. G. P. Peterson. 

14. W. B. Graham. 

15. Tom Eaddy. 

16. Harry Brown. 

17. Abram Eaddy. 

18. S. G. Graham. 

19. W.C. Eaddy. 

20. J. A. Thompson. 

21. W. S. Cooper. 

22. Wilson Altman. 

23. T. A. Tanner. 

24. J.P. Eaddy. 

25. Abram Hanna. 

26. James Eaddy. 

27. Sam Eaddy. 

28. J.J. Altman. 


Names of voters. 

29. J. S. Matthews. 

30. W. T. Matthews. 

31. John Brown. 

32. J. W. Altman. 

33. Peter Adkesson. 

34. S. D. Hanna, jr. 

35. O.B. Stone. 

36. R.S. Eaddy. 

37. W.J.H. Hanna. 

38. S. A. Thompson. 

39. D. W. Thompson. 

40. A. W. Stone. 

41. T. S. Thompson. 

42. Sam Cooper. 

43. Henry Barr. 

44. J. M. Hanna. 

45. M. F. Eaddy. 

46. R. O. Thompson. 

47. S. A. Brown. 

48. J. T. Weaver. 

49. G. S. Weaver. 

50. H. H. Weaver. 

51. J. B. Altman. 

52. George Thomas. 

53. James Brown. 

54. J. M. Carter. 

55. R. K. Cooper. 

56. J. P. Stone. 


57. J. J. Johnson. 

58. J. B. Thompson. 

59. M. L. Lewis. 

60. A. V. Cox. 

61. E. J. Eaddy. 

62. L. M. Creel. 

63. Henry Cooper. 

64. J. W. Scurry. 

65. M. A. Scurry. 

66. J. E. Hanna. 

67. Horace Brown. 

68. S. B. Creel. 

69. S. D. Hanna, sr. 
70 R. A. Thompson. 

71. W. R. Cannon. 

72. W. M. Cannon. 

73. S. J. Altman. 

74. David Creel. 

75. D. W. Altman. 

76. J. R. Cox. 

77. S. L. Altman. 

78. J. D. Cox. 

79. D. Y. Cameron. 

80. H. D. Cameron. 

81. L. A. Eaddy. 

82. B. F. Freeman. 

83. J. B. Durant. 


State of South Carolina, Office of Secretary of State: 

I, D. H. Tompkins, secretary of state, do hereby certify that the foregoing is an 
exact copy of the election returns of Altmans Store precinct, in Williamsburg 
County. 

Given under my hand and the great seal of the State at Columbia this the 21st 
day of December, in the year of our Lord one thousand eight hundred and ninety- 
six and in the one hundred and twentieth year of the Independence of the United 
States of America. 

[seal.] D. H. Tompkins, Secretary of State. 

State of South Carolina. Board of managers for the election of Federal officers at 
Cades precinct of Williamsburg County. 


Statement of return of votes. 


We, the board of managers for the election of Federal officers for the Cades 
precinct of the county of Williamsburg, State of South Carolina, make the follow¬ 
ing statement and return of votes given for Presidential electors and Member of 
Congress voted for in the said county on the third day of November, A. D. 1896. 
The whole number of votes given for Presidential electors was 103. 


Of which M. R. Cooper received_ 

Of which T. L. Gantt received_ 

Of which C. T. Pritchard received... 

Of which R. B. Watson received_ 

Of which C. L. Blease received_ 

Of which J. J. McMahan received.. 
Of which W. D. Trantham received 
Of which James Stackhouse received 
Of which T. W. Standland received. 
Of which B. O. Duncan received_ 


.. 72 
.. 72 
.. 72 
.. 72 
.. 72 
.. 72 
.. 72 
.. 72 
.. 72 
... 31 












MURRAY YS. ELLIOTT. 


203 


Of which S. E. Smith received. 31 

Of which J. A. Noland received. 31 

Of which D. E. Yates received. 31 

Of which M. H. Brice received. 31 

Of which J. W. Morris received. 31 

Of which H. L. Shrewsbery received. 31 

Of which Paul Whipple received... 31 

Of which F. M. Puckett received... 31 


Total number of votes cast... 103 

The whole number of votes given for Member of Congress was 103. 

Of which Wm. Elliott received..... 65 

Of which Geo. W. Mury received... 32 

Of which J. L. McLaurin received........ 6 

Of which J. E. Wilson received.. 


r / 

Total number of votes cast. 103 


We do hereby certify that the foregoing statement is correct in all respects. 

In witness whereof, we have hereunto subscribed our names, this the 3rd day 
of November, A. D. 1896. 

R. F. Epps, 

W. E. Hanna, 

Eli Sauls, 

Board of Managers for the Election of Federal Officers for 

Cades Precinct of the County of Williamsburg. 


1. Wesley Flowers. 

2. J. W. Adkinson. 

3. H. C. Lallicast. 

4. C. W. Hanna. 

5. J. P. Eppes. 

6. M. S. Bliffkins. 

7. J. J. Huggins. 

8. E. S. Sauls. 

9. J. L. MeFaddin. 

10. G. L. Sauls. 

11. J. P. McElvens. 

12. G. F. Williamson. 

13. W. H. McElvens. 

14. A. S. Allen. 

15. H. J. Williamson. 

16. S. L. Rodgers. 

17. E. W. Dennes. 

18. J. J. Harrell. 

19. John Frierson. 

20. C. G. Carsten. 

21. W. Thomlinson. 

22. J. T. McElveer. 

23. W. G. Scott. 

24. W. J. Hanna. 

25. J. M. B. Graham. 

26. L. W. Lorree. 

27. W. D. Tomlinson. 

28. Billie Cooper. 

29. Hugliv Cooper. 

30. J. Y. McGill. 

31. Henry Tucker. 

32. H. M. Burrows. 

33. E. M. Fluett. 

34. H. W. Witherspoon. 

35. Charles Alston. 


POLL LIST. 


Names of voters. 

36. J. N. Sauls. 

37. J. P. Wheeler. 

38. H. D. McCutchen. 

39. R.S. Burrows. 

40. R. W. McCutchen. 

41. H.B. Johnson. 

42. J. S. Johnson. 

43. J. J.M. Graham,sr. 

44. J. E. MeFaddin. 

45. Cain Gordin. 

46. Jake Graham. 

47. Noie Williams. 

48. Davis MeFaddin. 

49. A. W. Flagler. 

50. Dave Cain 

51. Friday Wilson. 

52. Sam Scott. 

53. J.M.Rodgers. 

54. O.F. Rodgers. 

55. J. S. Rodgers. 

56. Western MeFaddin. 

57. Guile McKnight. 

58. Adhen McKnight. 

59. J. S. Lullman. 

60. W.P. Mixon. 

61. W.E. Hanna. 

62. R.F. Eppes. 

63. H.L.Paston. 

64. Nelson Barr. 

65. S.T.Hann. 

66. Willie Barr. 

67. A. J. W. Wilks. 

68. E.J. Smith. 

69. H. Z. Hann. 

70. C. K. Eddy. 


71. P. E. Dick. 

72. J. T. Spughts. 

73. James Maderson. 

74. Calvin Cooper. 

75. Brown Maderson. 

76. R.D.Mitchen. 

77. J.J. Hanna. 

78. T. M. Hanna. 

79. Abram McFadden. 

80. J. Z. Hanna. 

81. M.E. Hanna. 

82. B. K. Beal. 

83. T.B.Gann. 

84. R. W. Witherspoon. 

85. P. H. Buff kins. 

86. Jack Wilson. 

87. John Reed. 

88. Ned Graham. 

89. J. J. M. Freeron. 

90. J. J. Epps. 

91. J. W. Wheeler. 

92. S. R. Frierson. 

93. B. L. Buffkins. 

94. R.T. Flagler. 

95. J. J.M.Graham, jr. 

96. W.P.Brown. 

97. W. M. Frierson. 

98. G. W. Gray. 

99. J. H. Grant. 

100. Eli Sauls. 

101. H.B.Gaskins. 

102. London Wilson. 

103. Frederich Scott. 

104. C.E. Wheeler. 

105. E.H. Sauls. 


State of South Carolina, Office of Secretary of State: 

I. D. H. Tompkins, secretary of state, do hereby certify that the foregoing is an 
exact copy of the election returns of Cades precinct in Williamsburg County. 

Given under my hand and the great seal of the State at Columbia this the 21st 
day of December, in the year of our Lord one thousand eight hundred and ninety- 
six. and in the one hundred and twentieth year of the Independence of the United 

States of America. ^ TT _ 0 , c ,, , 

[seal.] D. H. Tompkins, Secretary of State. 


















204 


MURRAY VS. ELLIOTT. 


State of South Carolina. Board of managers for the election of Federal officers 
at Black Mingo precinct of Williamsburg County. 

Statement of return of votes. 

We, the board of managers for the election of Federal officers for the Black 
Mingo precinct of the county of Williamsburg, State of South Carolina, make the 
following statement and return of votes given for Presidential electors and Mem¬ 
ber of Congress, voted for in the said county on the third day of November, A. D. 
1896- 

The whole number of votes given for Presidential electors was 70. 

Of which M. R. Cooper received ...-. 64 

Of which J. L. Gantt received....... - - 64 

Of which C. T. Pritchard received...- -. 64 

Of which R. B. Watson received------- -. 64 

Of which C. L. Blease received___ 64 

Of which J. J. McMahan received...... 64 


Of which W. D. Trantliam received ....... 64 

Of which James Stackhouse received____- - -.- - 64 

Of which T. W. Standland received.____ 64 

Of which B. O. Duncan received.....-.-.- - 6 

Of which S. E. Smith received........ 6 

Of which J. A. Noland received______— 6 

Of which D. E. Yates received. 6 

Of which M. H. Bryce received. 6 

Of which J. W. Morris received_ 6 

Of which H. L. Shrewsbury received .. 6 

Of which Paul Whipple received... 6 

Of which F. M. Prickett received_ 6 


Total number of votes cast.....-. 70 

The whole number of votes given for Member of Congress was 69. 

Of which Wm. Elliott received______ 61 

Of which G. W. Murray received...... 8 

Total number of votes cast......- - - 69 


We do hereby certify that the foregoing statement is correct in all respects. 

In witness whereof we have hereunto subscribed our names this 3rd day of 
November, A. D. 1896. 

B. O. Brockington, 

J. W. Cooper, 

R. G. Waldren, 

Board of Managers for the Election of Federal Officers for 
Black Mingo Precinct of the County of Williamsburg. 

J. M. Godwin, Clerk. 


Poll list kept by the managers of elections of the Black Mingo election precinct 
of the county of Williamsburg of the State of South Carolina. 


1. D. C. Gunter. 

2. Dan'l. Long. 

3. W. T. Goude. 

4. J. H. Long. 

5. Cooper Altman. 

6. J. J. Altman. 

7. W. R. Cooper. 

8. D. D. Rhem. 

9. A. D. Marsh. 

10. John Burrows. 

11. A. L. Friar. 

12. W. J. Nesmith. 

13. G. B. Nesmith. 

14. J. E. Johnson. 

15. J. W. Cooper. 

16. J. H. Howard. 

17. W. R. Howard. 

18. A. B. Hemingway. 

19. R. J. Nesmith. 

20. L. S. Pope. 

21. F. Rhem. 

22. R. G. Waldron. 

23. Anthony Tucker. 

24. C. D. Cook. 


Names of voters. 

25. M. C. Stalhy. 

26. J. C. Josey. 

27. W. J. Marsh. 

28. Walter Johnson. 

29. J. F. Chandler. 

30. B. O. Brockinton. 

31. Thos. Altman, jr. 

32. Jeff Johnson. 

33. L. C. Cohen. 

34. Seals Cribb. 

35. J. P. Nesmith. 

36. E. Z. Howard. 

37. A. D. Hemingway. 

38. J. L. Pressly. 

39. W. C. Snowden. 

40. J. S. Graham. 

41. S. D. McBride. 

42. B. F. Brockinton. 

43. Henrv Coachman. 

44. J. W. McNul. 

45. J. M. Godwin. 

46. John Ferdon. 

47. J. A. Haddock. 

48. J. W. McLaulin. 


49. J. C. Gunter. 

50. G. B. Eady. 

51. B. O. Eady. 

52. Smart Snow. 

53. George Dorsey. 

54. Simon Edwarcls. 

55. R. F. Haddock. 

56. G. W. Ferdon. 

57. J. W. Cook. 

58. B. L. Nesmith. 

59. T. H. Brockinton. 

60. F. M. Nesmith. 

61. Thomas Altman, sr. 

62. Wade H. Altman. 

63. D. F. Kenton. 

64. George Broad. 

65. Myers Snow. 

66. F. G. Rhem. 

67. Wm. Davis. 

68. J. F. Tyler. 

69. F. D. McConnell. 

70. B. F. Brockinton. 

71. J. G. Altman. 


























MURRAY VS. ELLIOTT. 


205 


State of South Carolina, Office of Secretary of State: 

I, D. H. Tompkins, secretary of state, do hereby certify that the foregoing is an 
exact copy of the election returns for Black Mingo precinct, in Williamsburg 
County. 

Given under my hand and the great seal of State, at Columbia, this 21st day of 
December, in the year of our Lord one thousand eight hundred and ninety-six, 
and in the one hundred and twentieth year of the independence of the United 
States of America. 

[seal.] D. H. Tompkins, Secretary of State. 

State of South Carolina. Board of managers for the election of Federal officers at 
Greelyville precinct of Williamsburg County. 

Statement of return of votes. 

We, the board of managers for the election of Federal officers for the Greelyville 
precinct of the county of Williamsburg, State of South Carolina, make the follow¬ 
ing statement and return of votes given for Presidential electors and Member of 
Congress, voted for in the said county on the third day of November, A. D. 1896. 

W. C. Tutle, Chr. 

E. S. Owens. 

A. H. Reese. 

F. H. Welch, Clerk. 

The whole number of votes given for Presidential electors was 184. 


Of which Bryan received_________148 

Of which McKinley received..... -. 36 


Total number of votes cast... 184 

The whole number of votes given for Member of Congress was 208. 

Of which Elliott received........147 

Of which Murray received.......... 58 

Of which McKee received... 02 

Of which Cohen received..... 01 


Total number of votes cast.... ...208 

We do hereby certify that the foregoing statement is correct in all respects. 

In witness whereof we have hereunto subscribed our names this 3rd day of 
November, A. D. 1896. 

W. C. Tutle, 

E. S. Owens, 

A. H. Reese, 

Board of Managers for the Election of Federal Officers for 

Greelyville Precinct of the County of Williamsburg. 

F. H. Welch, Clerk. 


1. W. M. Keels. 

2. R. H. Tuttle. 

3. C. M. Gamble. 

4. George Hughes. 

5. Ben Hughes. 

6. Lundon Williams. 

7. A. M. Murray. 

8. Handy Hellemann. 

9. C. Lessene. 

10. C. H. Lessene. 

11. J. F. Pach. 

12. R. H. Lessene. 

13. W. H. Johnson. 

14. T. S. Ard. 

15. G. E. Barrinean. 

16. H. J. Barrinean. 

17. C. Johnson. 

18. P. C. McKnight. 

19. A. W. Montgomery. 

20. C. P. Prosser. 

21. S. R. Monzon. 


POLL LIST. 


Names of voters. 

22. J. B. Montgomery. 

23. F. H. Welch. 

24. Warren Wright. 

25. W. J. Ferrell. 

26. C. C. Gist. 

27. N. G. Gist. 

28. W. T. Mitchum. 

29. S. J. Timmons. 

30. S. D. Bryant. 

31. T. P. Lessene. 

32. S. I. Montgomery. 

33. J. A. McGee. 

34. R. M. Gambeli. 

35. J. A. Montgomery. 

36. B. L. Gist. 

37. G. W. Gains. 

38. R. E. McKnight. 

39. L. A. Braxton. 

40. W. M. Clarkson. 

41. S. W. Montgomery. 

42. J. J. B. Montgomery. 


43. J. L. Gambeli. 

44. S. J. Gist, jr. 

45. M. J. Clary. 

46. G. G. Gist, sr. 

47. J. J. Clary. 

48. E. R. Lessene. 

49. S. S. Montgomery. 

50. E. P. Brawder. 

51. S. P. Clemmons. 

52. David Osborn. 

53. R. O. Brown. 

54. J. E. King. 

55. C. M. Richburg. 

56. W. G. McMillan. 

57. J. W. Bandiford. 

58. W. M. O’Brien. 

59. H. E. Kotter. 

60. W. T. Brawder. 

61. Monday Capers. 

62. M. B. Brawder. 

63. F. A. Maxwell. 












206 


MURRAY YS. ELLIOTT. 


Names of voters— Continued 


04. S. C. Mitchum. 

65. John Montgomery. 

66. J. G. Windham 

67. Stephney Murray. 

68. R. S. Brunson. 

69. J. H. Bradham. 

70. David Dunmore. 

71. D. D. Shaw. 

72. E. C. Spann. 

73. Bonas Keels. 

74. J. B. Lemmon. 

75. J. A. July. 

76. W. T. Sports. 

77. S. W. Rodgers. 

78. R. W. Boyd. 

79. Simons Keels. 

80. T. A. Boyle. 

81. John Dukes. 

82. J. J. Bradham. 

83. T. C. Keels. 

84. T. G-, Mitchum. 

85. Jake Wilson. 

86. Simon White. 

87. W. P. Brown. 

88. H. D. Oliver. 

89. Albert Plowden. 

90. B. J. Buddin. 

91. B. J. Prince. 

92. A. H. Montgomery. 

93. C. S. Scott. 

94. J. E. Keels. 

95. D. N. Murray. 

96. J. M. Bagnad. 

97. Wesley Gambell 

98. R. H. Footman. 

99. Pinkney Murrel. 

100. E. J. Player. 

101. I. H. Noland. 

102. J. Gr. Mabray. 

103. E. B. Rhodus. 

104. H. L. Mabray. 

105. J. B. Gambell. 

106. Albert Nelson. 

107. S. H. Boyd. 

108. I. E. Maybray. 

109. J. W. Kelly. 

110. M. D. Murray. 

111. S. W. Jernigan. 

112. Alfred Tisdale. 

113. Edward Ard. 

114. Priestly Williams. 

115. CalancfArd. 

116. W. B. Brander. 


117. Able Sam, 

118. F. B. Braneboy. 

119. Ned Sam. 

120. George McIntosh. 

121. Adam Nelson. 

122. F. G. Gibbs. 

123. R. B. Keels. 

124. Minor Rodgers. 

125. James Gains. 

126. Adam Keels. 

127. Maduy Gains. 

128. W. F. Hogan. 

129. J. M. Murray. 

130. H. Gains. 

131. Peter Williams. 

132. W. H. Gains. 

133. S. F. Gains. 

134. Dozier Dunmore. 

135. S. M. China. 

136. L. S. Keels. 

137. T. E. Parfield. 

138. Henry Bennett. 

139. H. N. Gains. 

140. Williams Gilland. 

141. T. W. Harris. 

142. A. H. Reese, sr. 

143. Friday Oliver. 

144. H. Gains. 

145. George Winters. 

146. P. L. Montgomery. 

147. John Woods. 

148. Joe String. 

149. Sam Keels. 

150. T. I. Hogan. 

152. Green Maxwell. 

153. C. C. McGee. 

154. January Montgomery. 

155. J. P. Mclnville. 

156. Mero Oliver. 

157. J. D. Park. 

158. Anderson Keels. 

159. C. Browder. 

160. G. W. Clary. 

161. E. G. McCuller. 

162. Stephen Herreld. 

163. R. S. Osburn. 

164. J. H. Rollins. 

165. Edmond Mark. 

166. S. J. Taylor. 

167. Whitemond Nelson. 

168. J. L. Lessene. 

169. J. T. Tillmann. 

170. Jume Robertson. 


171. G. B. Browder. 

172. Western Mixon. 

173. W. T. Rallinson. 

174. C. A. Lewis. 

175. C. L. Montgomery. 

176. Napolian Robinson 

177. B. A. Boyle. 

178. Wallace Sipes. 

179. W. H. Campbell. 

180. Thom Thomas. 

181. S. M. Bradshaw. 

182. John Morris. 

183. Ben Whacle. 

184. Charles Buford. 

185. Samuel McElesene. 

186. William McFadder. 

187. Oscar Williams. 

188. W. S. Murray. 

189. J. V. Windham. 

190. T. P. McMullan. 

191. R. H. Johnson. 

192. C. H. Reese, jr. 

193. W. C. Tutle. 

194. M. M. Murray. 

195. John A. Capers. 

196. J. F. Hair. 

197. E. S. Montgomery. 

198. S. H. Montgomery. 

199. Patrick Broxton. 

200. J. W. Gamble. 

201. Henry Hodge. 

202. Len Griffin. 

203. James Ard. 

204. G. G. Gist, jr. 

205. L. B. Broder. 

206. C. R. Burgess. 

207. S. J. David. 

208. Adam Browder. 

209. G. W. Gist. 

210. J. M. Parrot. 

211. J. E. David. 

212. A. O. Monzor. 

213. Thos. Wells. 

214. E. F. Kilpatrick. 

215. David Ard. 

216. S. J. Mixon. 

217. J. H. Gains. 

218. York Simon. 

219. C. C. Felix. 

220. McDonald Burgess. 

221. C. F. Ridgeway. 

222. E. J. Ridgeway. 

223. E. S. Owens. 


State of South Carolina, Office of Secretary of State: 

I, D. H. Tompkins, secretary of state, do hereby certify that the foregoing is an 
exact copy of the election returns of Greelyville precinct, in Williamsburg County. 

Given under my hand and the great seal of the State at Columbia this the 21st 
day of December, in the year of our Lord one thousand eight hundred and ninety- 
six, and in the one hundred and twentieth year of the Independence of the United 
States of America. 

[seal.] D. H. Tompkins, Secretary of State. 


State of South Carolina. Board of managers for the election of Federal officers at 
Indian town precinct of Williamsburg County. 


Statement of return of votes. 

We, the board of managers for the election of Federal officers for the Indian- 
town precinct of the county of Williamsburg, State of South Carolina, make the 
following statement and return of votes given for Presidential electors and Mem¬ 
ber of Congress voted for in the said county on the third day of November, A. D. 
1896: 

The whole number of votes given for Presidential electors was 27, 


Of which M. R. Cooper received. 27 

Of which T. L. Gantt received._.. 27 

Of which C. P. Pritchard received. 27 

Of which R. B. Watson received. 27 






MURRAY VS. ELLIOTT. 


207 


Of which C. L. Blease received.. 27 

Of which J. J. McMahan received.27 

Of which W. D. Trantham received..... 27 

Of which James Stackhouse received.......27 

Of which T. W. Standand received.... 27 


Total number of votes cast ......_ -.27 

The whole number of votes given for Member of Congress was 49, 

Of which William Elliott received.26 

Of which Geo. W. Murry received.....23 

Of which John L. McLaurin, of the 6tli dist., received... 2 


Total number of votes cast... 

We do hereby certify that the foregoing statement is correct in all respects. 

In witness whereof we have hereunto subscribed our names this third day of 
November, A. D. 1896. 

William Cooper, 

George J. Graham, 
Board of Managers for the Election of Federal Officers 
for Indiantown Precinct of the County of Williamsburg. 

E. G. Dunlop, Clerk. 


Poll list kept by the managers of elections of the Indiantown election precinct, of 
the county of Williamsburg, of the State of South Carolina. 


Names of voters. 


1. G. J. Graham. 

2. Dany Graham. 

3. William Cooper. 

4. D.M. Ervin. 

5. Hally Cooper. 

6. Sam'Barr. 

7. J.W. Brown. 

8. R. E. Wilson. 

9. Thos. McCown. 

10. William Sandy. 

11. A. T. Thomas. 

12. Julian Wilson. 

13. Louis Gamble. 

14. W.L. Abrams. 

15. J. A. C. Thomas. 

16. G.S. Cooper. 

17. W.D. Daniel. 

18. J. W. Staggus. 

19. C. S. Simmons. 

20. Jacob McKnight. 

21. J. A. Gee. 

22. J. E. Dunlap. 


23. E.G. Dunlap. 

24. L.E. Wilson. 

25. Abram Cooper. 

26. Harvy Cooper. 

27. William Scott. 

28. J. N. Hamnich. 

29. H.M. Cooper. 

30. R. W. Cooper. 

31. J. V. Barr. 

32. S. J. Snowden, jr. 

33. Moris Presley. 

34. Walter Wilson. 

35. C. A. Snowden. 

36. G.S.Burges. 

37. Sam Gambol. 

38. M. B. Bengamon. 

39. Nelson Cooper. 

40. Caesar Dozier. 

41. B. C. Cunningham. 

42. C. C. Daniel. 

43. Ranson Cooper. 

44. J. M. Cooper. 


45. Absolom Norris. 

46. G. N. Norris. 

47. Hugh McCutcheons. 

48. Wilson Thompson. 

49. Edward Cunningham. 

50. Stephen Williams. 

51. B. L. Cooper. 

52. W. A. Hanna. 

53. Daublin Hanna. 

54. Jim Davis. 

55. D. D. D. Gamble. 

56. March McKnight. 

57. J. G. McCutchen. 

58. J. T. Rollins. 

59. Smart Johnson. 

60. Benj. Hanna. 

61. William Wilson. 

62. James Hiram. 

63. J. F. Cooper. 

64. W. Downs. 

65. J. W. Nelson. 


State of South Carolina, Office of Secretary of State: 

I, D. H. Tompkins, secretary of state, do hereby certify that the foregoing is au 
exact copy of the election returns for Indiantown precinct, in Williamsburg County. 

Given under my hand and the great seal of the State at Columbia, this the 21st day 
of December, in the year of our Lord one thousand eight hundred and ninety-six, 
and in the one hundred and twentieth year of the Independence of the United States 
of America. 

rsEAL.I D. H. Tompkins, Secretary of State. 


State of South Carolina, board of managers for the election of Federal officers at 
Gourdins precinct of Williamsburg County. 

Statement of return of votes. 

We, the board of managers for the election of Federal officers for the Gourdins 
precinct of the county of Williamsburg, State of South Carolina, make the follow¬ 
ing statement and return of votes given for Presidential electors and Member of 
Congress voted for in the said county on the third day of November, A. D. 1896: 

The whole number of votes given for j>residential electors was 85— 

Of which M. R. Cooper received. 32 

Of which T. S. Gantt received.. fj* 

Of which R. D. Watson received. 3- 
















208 


MURRAY VS. ELLIOTT. 


Of which C. L. Blease received. 32 

Of which J. J. McMahan received. 32 

Of which W. D. Trautliam received. 32 

Of which Jas. Stackhouse received. 32 

Of which T. W. Standi and received. 32 

Of which Dnncan received. 48 

8 f which Smith received. 48 

f which Noland received. 48 

Of which Yates received. 48 

Of which Bryce received. 48 

Of which Morris received. 48 

Of which Shrewsbury received. 48 

Of which Whipple received. 48 

Of which Pritchard received. 48 

Scattered votes. 5 


Total number of votes cast. 85 

The whole number of votes given for Member of Congress was 96— 

Of which Elliott received. 36 

Of which Murray received. 51 

Of which scattered votes received. 8 

Of which Cohen received.„. 1 


Total number of votes cast. 96 

We do hereby certify that the foregoing statement is correct in all resjjects. 

In witness whereof we have hereunto subscribed our names, this-day of Novem¬ 

ber, A. D.189 . 

J. S. Burns, 

N. A. Lawser, 

S. G. McDonald, 

Chairman Board. 

Board of Managers for the Election of Federal Officers 

for Gourdins Precinct of the County of W’msburgh. 


POLL LIST. 


1. Fortune Giles. 

2. Fortune Duke. 

3. J. D. Hinds. 

4. Robt. Brown. 

5. W. It. Allston. 

6. J.J. Jandon. 

7. G. W. Taylor. 

8. W. C. Taylor. 

9. Dr. S. W. Gamble. 

10. B. A. McKnight. 

11. W. J. McKnigbt. 

12. A.M. Gorden. 

13. Boston Plowden. 

14. D. E. Gorden, sr. 

15. H. L. Orvin. 

16. Jacob Chandler. 

17. Maud Congei*. 

18. W. P. Leajene. 

19. Alin on Lesesne. 

20. Calvin Matthews. 

22. Prince Gamble. 

23. Hamlin McDonald. 

24. Sam Mansfield. 

25. W. B. Woods. 

26. J, P. Gamble. 

27. B.W. White. 

28. Wm. Gamble. 

29. Jno. Kennedy. 

30. S. A. Graham. 

31. Walter Montgomery. 

32. W. G. McKniglit. 

33. Dr. D. W. Graham. 


Names of voters. 

34. G. M. McKnight. 

35. Joseph Major. 

36. V an dorn Murray. 

37. Barry Mitchum. 

38. Louis Woods. 

39. Winon Murrell. 

40. Sims Gamble. 

41. F. L. Sheer. 

42. W. D. Crooks. 

43. S. A. Kettles. 

44. H. S. Staggers. 

45. Josiah Witherspoon. 

46. J. C. Graham. 

47. Moses Brown, sr. 

48. Jno. Singletary Brown. 

49. Samuel Staggers. 

50. Newton Gamble. 

51. J. P. Gamble, jr. 

52. H. K. Browder. 

53. M. K. Browder. 

54. S. G. McClary. 

55. M. L. Rodgers. 

56. Jas. Witherspoon. 

57. S. Brunson. 

58. Hartley Witherspoon. 

59. Amos Hilton. 

60. H. C. Hilton. 

61. Mike Moi'sen. 

62. Willis Stiner. 

63. W. M. Hilton. 

64. Samuel Henry. 

65. F. S. Maczem. 


66. Felder Bunson. 

67. W.Muny. 

68. S. S. Canty. 

69. Mauch Barr. 

70. Pinkney Fulton. 

71. Sandy Fulton. 

72. Joe David. 

73. Jos. Oliver. 

74. J. P. Bautield. 

75. J. B. Wilder. 

76. Jno. Mathews. 

77. Emanuel Murrell. 

78. Wm. Bosier. 

79. Jas. Gamble. 

80. A. B. McDonald. 

81. Lee Lawson. 

82. Joe Lawson. 

83. S. N. McDonald. 

84. A.M. Gamble. 

85. W. R. Halladay. 

86. Clias. Browded. 

87. S.G. McDonald. 

88. D. E. Gorden, jr. 

89. J. S. Brunson. 

90. Wm. Canty. 

91. N. W. Baggett. 

92. David Harvin. 

93. Jno. Dariey. 

94. Powel Keltz. 

95. Washington Kinedey. 

96. Cooper Miller. 

97. W.D.McClary. 


State of South Carolina, Office of Secretary of State: 

D. II. 1 ompkins, secretory of stote, do hereby certifv that the foregoin*’" is an 
exact copy of the election returns for Gourdins precinct, in Williamsburg County. 
Given under my hand and the great seal of State, at Columbia, this the 21st day of 


























MURRAY VS. ELLIOTT. 


209 


December, in the year of our Lord one thousand eight hundred and ninety-six, and 
in the one hundred and twentieth year of the Independence of the United States of 
America. 

[seal.] D. H. Tompkins, Secretary of State. 

State of South Carolina, hoard of managers for the election of Federal officers at 
Kingstree precinct of Williamsburg County. 

Statement of return of votes. 

We, the board of managers for the election of Federal officers for the Kingstree 
precinct of the county of Williamsburg, State of South Carolina, make the follow¬ 
ing statement and return of votes given for Presidential electors and Members of 
Congress voted for in the said county on the third day of November, A. D. 1896: 

The whole number of votes given for Presidential electors was 148. 


Of which W. R. Cooper received... 104 

Of which T. L. Gantt received. 104 

Of which C. L. Pritchard received. 104 

Of which R. B. Watson received. 104 

Of which C. L. Blease received. 104 

Of which J. J. McMahan received. 104 

Of which W. D. Trantham received. 104 

Of which James Stackhouse received. 104 

Of which T. W. Standland received. 104 

Of which J. W. Latimer received. 21 

Of which W. D. Crum received. 21 

Of which F. W. Scheper received. 21 

Of which James Powell received. 21 

Of which J. R. Talbert received. 21 

Of which E. W. Scriven received. 21 

Of which Joseph Clarke received. 21 

Of which John Lenuiey received. 21 

Of which James M. Londale received. 21 

Of which B. O. Duncan received.. 23 

Of which S. E. Smith received. 23 

Of which ,T. A. Noland received. 23 

Of which D. E. Yates received. 23 

Of which M. H. Brice received. 23 

Of which J. W. Morris received. 23 

Of which H. L. Shrewsbury received. 23 

Of which Paul Whipple received. 23 

Of which F. M. Picket received. 23 

The whole number of votes given for Member of Congress was 179. 

Of which Elliott, 1st dist., received. 102 

Of which G. W. Murray, 1st dist., received. 61 

Of which Cecil W. Cohen received. 2 

Of which J. L. McLaurin, 6th dist., received. 8 

Of which J. E. Wilson, 6th dist., received.. 6 


Total number of votes cast 


179 


We do hereby certify that the foregoing statement is correct in all respeets. 

In witness whereof we have hereunto subscribed our names this 3d davof Novem¬ 
ber, A. D. 1896. 

G. W. Arms, 

J. Z. McConnell, Jr., 

J. W. Conard, 

Board of Managers for the Election of Federal Officers 

for Kingstree Precinct, of the County of Williamsburg. 


POLL LIST. 

Names of voters. 


1. G. W. McCollough. 

2. R. R. Stutts. 

3. R. H. Kellahan. 

4. M. F. Heller. 

5. G. P. Nelson. 

6. H. E. Scott. 

7. J. T. Nelson. 

17745 - 14 


8. S. McB. Scott. 

9. Hack Epps. 

10. N. W. Grayson, 

11. C. W. McClain. 

12. James Thaup. 

13. F. G. Snails. 

14. J. R. Mouzon. 


15. E. Stackey. 

16. J. P. Shaw. 

17. H. O. Britton. 

18. Sam Chandler. 

19. Frank Fulton. 

20. R. C. Logan. 

21. James McCleary. 





































210 MURRAY VS. ELLIOTT. 


Names of voters —Continued. 


22. 

Pressely MeFadden. 

62. D. M. Rodgers. 

63. J. A. Bradham. 

118. 

Sheriss Fulton. 

23. 

J. T. Burrows. 

119. 

T. B. Murers. 

24. 

J. F. Page. 

64. C. C. Hanna. 

120. 

W. W. Matthews. 

25. 

M. J. Hirscle. 

65. W. J. Gamble. 

121. 

John Kinder. 

20. 

R. A. Murphy. 

66. J. D. Pendergrass. 

122. 

S. W. Wilson. 

27. 

W. G. Gamble. 

67. W. C. Scott. 

123. 

R. H. Epps. 

28. 

E. C. Eppes. 

68. J. W. F. Bradly. 

124. 

F. M. Player. 

29. 

Sroppe Pendergrass. 

69. Boalsen Han he. 

125. 

J. D. Barr. 

20. 

Albert Burgess. 

70. Will McCary. 

126. 

D. C. Scott. 

21. 

Wash Miller. 

71. Elija Fulton. 

127. 

J. G. Tisdale. 

22. 

James Salters. 

72. Peter Pendergrass, jr. 

128. 

P. N. Tisdale. 

23. 

H. W. Bryan. 

73. Nonon Jones. 

129. 

H. S. Tisdale. 

24. 

E. Harper. 

74. E. J.Absten. 

130. 

R. J. McCabe. 

25. 

W. J. Reddriek. 

75. Jackson Wilson. 

131. 

W. L. Wallace. 

20. J. S. Cooper. 

76. Willie McCrea. 

132. 

D. E. Epps. 

27. C. W. Cooper. 

77. W. A. McCrea, sr. 

78. Robert Thommas. 

133. 

Daniel Strong. 

28. 

Robert MeFadden. 

134. 

T. C. Lesesen. 

29. 

Augustus Brown. 

79. Edward Chandler. 

135. 

John Todd. 

30. 

Julius Fulton. 

80. Samuel Fulton. 

136. 

A. M. MeKnight. 

31. 

Elie MeFadden. 

81. S. W. Wilier. 

137. 

W. E. Cook. 

32. 

P. M. MeKnight. 

82. J. A. Thompson. 

138. 

John Souls. 

33. 

J. T. Frunson. 

83. Sam Griffin. 

139. 

Robert Epps, sr. 

34. 

D. W. Hanch. 

84. C. J. Lesesene. 

140. 

A. D. Epps. 

35. 

Louis Hanna. 

85. I. A. Monzon. 

141. 

R. E. Dukes. 

36. 

J. Danington. 

86. Smart Fulton. 

142. 

C. B. Matthews. 

37. 

M. R. Lewis. 

87. W. W. Wise. 

143. 

R. W. Fulton, jr. 

38. 

O. A. Darby. 

88. Mack Cooper. 

144. 

W. H. Kinder. 

39. 

W. M. Kurden. 

89. Sam McCleary. 

145. 

W. M. Blakeley. 

40. 

Lynus Fulton. 

90. Peter McCleary. 

146. 

W. E. Montgomery. 

41. 

H. D. Reddreeh. 

91. H. F. Sharp. 

147. 

C. L. Smith. 

42. 

John Tisdale. 

92. T. H. Parrett. 

148. 

E. L. Smith. 

43. 

Deny Gamble. 

93. Aaron Parrett. 

149. 

R. E. Matthews. 

44. 

Lonis Jacobs. 

94. Casser Johnson. 

150. 

J, J. McConnell. 

45. Peter McCeny. 

95. Isaac Eppes. 

151. 

J. L. Winters. 

46. 

A. Seiby. 

D. W. Elliott. 

96. Stephen McClearey. 

152. 

Geo. S. Barr. 

47. 

97. H. Z. Cameron. 

153. 

T. M. Gilland. 

48. 

Moses Lowen. 

98. H. Nionjon. 

154. 

F. L. Morris. 

49. 

S. W. McCotny. 

99. Esau Graham. 

155. 

P. B. Miller. 

50. 

J. D. Brockinton. 

100. P. F. Shaw. 

156. 

W. A. Waren. 

51. 

N. Wilson. 

101. F. E. Joy. 

157. 

W. R. Funk. 

52. 

J. A. Keely. 

102. E. G. Chandler. 

158. 

London Brarboy. 

53. 

S. J. Tliaup. 

103. J. E. Strong. 

159. 

M. A. Ross. 

54. 

R. K. Wallace. 

104. J. F. Peterson. 

160. 

J. E. Porter. 

55. 

F. B. Blackman. 

105. J. A. Scott. 

161. 

J. E. Brockinton. 

56. 

Henry Bradly. 

106. Isaac Gamble. 

162. 

Isaac Canter. 

57. 

Dr. W. V. Brockinton. 

107. Samuel Fulton. 

163. 

J. J. Steele, jr. 

52. 

J. E. Harper. 

108. Louis Yarbour. 

164. 

J. W. Nixsen. 

53. 

Sam Brockinton. 

109. A. J. Srnithe. 

165. 

John Epps. 

54. 

T. S. Stuart. 

110. James Eppes. 

167. 

Dick Salters. 

55. 

Win. Duke. 

111. D. B. Nixon. 

168. 

Benjamine Tulton. 

56. 

F. J. Pinch. 

112. E. D. Eppes. 

169. 

Ed Epps. 

57. 

G. W. Arms. 

113. J. J. Snow. 

170. 

N. D. Merrer. 

58. 

J. E. Coward. 

114. B. F. Dukes. 

171. 

D. K. Gamble. 

59. R. B. McClary. 

60. J. H. Hanna. 

61. J. F. Huggens.* 

115. W. J. Eppes. 

116. J. L. Brown. 

117. John Strong. 

172. 

E. C. Dennis. 


State of South Carolina, Office of Secretary of State: 

I, D. H. Tompkins, secretary of state, do hereby certify that the foregoing is an 
exact copy of the election returns for Kingstree precinct, in Williamsburg County. 

Given under my hand and the great seal of the State, at Columbia, this the 21st 
day of December, in the year of our Lord one thousand eight hundred and ninety- 
six, and in the one hundred and twentieth year of the independence of the United 
States of America. 

[seal.] D. H. Tompkins, 

Secretary of State. 

State of South Carolina, board of managers for the election of Federal officers at 
Lake City precinct, of Williamsburg County. 

Statement of return of votes. 

We, the board of managers for the election of Federal officers, for the Lake City 
precinct of the county of Williamsburg, State of South Carolina, make the follow¬ 
ing statement and return of votes given for Member of Congress, voted for in the 
said county on the 3rd day of November, A. D. 1896. 

The whole number of votes given for Presidential electors was 204. 


Of which M. R. Cooper received. 191 

Of which I. L. Gantt received. 191 

Of which C. T. Pritchard received..... 191 

Of which R. B. Watson received. 191 






MURRAY VS. ELLIOTT. 


211 


Of which C. L. Blease received. 191 

Of which ,T. J. McMahan received. 191 

Of Avhich W. 1). Trantliam received . 191 

Of which James Stackhouse received. 191 

Of which I. W. Stanland received. 191 

Of which B. 0. Duncan received. 13 

Of which S. E. Smith received. 13 

Of which J. A. Noland received. 13 

Of which D. E. Yates received. 13 

Of which H. M. Bryce received. 13 

Of which J. W. Morris received. 13 

Of which H. L. Shrewsbury received. 13 

Of which Paul Whipple received. 13 

Of which T. M. Prickett received. 13 


Total number of votes cast. 204 

The whole number of votes given for Member of Congress was 183. 

Of which John L. McLauren received. 139 

Of which William Elliott received. 16 

Of which George W. Murray received. 28 


Total number of votes cast.. 183 


We do hereby certify that the foregoing statement is correct in all respects. 

In witness whereof we have hereunto subscribed our names this 3rd day of Novem¬ 
ber, A. D. 1896. 

M. M. Rodgers, 

E. T. Moody, 

J. D. Singletary, 

Board of Managers for the Election of Federal Officers 

for Lake City Precinct of the County of Williamsburg. 

J. H. Joyner, Clerk. 


Poll list kept by the managers of elections of the Lake City election precinct of the 
county of Williamsburg, of the State of South Carolina. 

Names of voters. 


1. R. C. Smith. 

2. H. M. Benton. 

3. E. A. Dennis. 

4. M. O. Dennis. 

5. D. A. Dennis. 

6. W. S. -Kennedy. 

7. W. B. Button. 

8. Or. J. Hannah. 

9. J. S. Howie. 

10. H. E. Godwin. 

11. J. W. Godwin. 

12. W. W. Register. 

13. J. M. Osborn. 

14. R. E. Morris. 

15. J. H. Blackwell. 

16. J. E. Godwin. 

17. Richard Moulds. 

18. B. W. Jones. 

19. F. E. Floyd. 

20. Henry Freeman. 

21. M. Collins. 

22. L. L. Caldwell. 

23. L. C. McKinzie. 

24. J. E. Williamson. 

25. J. E. Baker. 

26. C. B. Baker. 

27. A. L. Cammeron. 

28. H. H. Singletary. 

29. R. F. Joynes. 

30. Joseph Miles. 

31. W. W. Moore. 

32. John Murphy. 

33. M. B. Morris. 

34. B. Miles. 

35. J. R. Mathews. 

37. J. A. Reed. 

38. H. N. Courtney. 

39. J. C. Kenedy. 

40. W. Powell. 

41. R.J. Nettles. 


42. B. W. Stewart. 

43. S. J. Graham. 

44. A. Graham. 

45. E. V. Gaskins. 

46. P. T. Floyd. 

47. P. F. J. Floyd. 

48. K. G. Wilks. 

49. Nathan Williams. 

50. Daniel Chandler. 

51. P. Graham. 

52. R. M. Webister. 

53. C. D. Joyner. 

54. A. Floyd. 

55. T. E. Iving. 

56. C. W. Webister. 

57. D. Floyd. 

58. D. W. Lewellin. 

59. W. W. King. 

60. J. L. Canty. 

61. Frank A. Carter. 

62. J. F. Canty. 

63. W. J. M cCutchen. 

64. L. W. Cammeron. 

65. D. E. Cammeron. 

66. E. C. Osborne. 

67. R. H. Stewart. 

68. J. C. Davis. 

69. S. P. Graham. 

70. W. S. Holiday. 

71. W. R. King. 

72. G. H. MeCutchen. 

73. W. J. Singletary. 

74. J. M. Morris. 

75. F.L. Floyd. 

76. C. R. Floyd. 

77. C. M. Kelly. 

78. C. S. Graham. 

79. J. C. Fulmore, M. D. 

80. J. L. Stuckey. 

81. Lunnon Graham. 


82. B. J. Wilcox. 

83. H. C. Edwards. 

84. J. B. MeCutchen. 

85. W. J. Godwin. 

86. W. E. Severance. 

87. H. N. Cammeron. 

88. W. A. J. McKnight. 

89. J. C. C. Gaskins. 

90. Thad S. Lee. 

91. W. J. Smiley. 

92. D. E. Cammeron. 

93. A. W. Gaskins. 

94. S. Floyd. 

95. N. T. Floyd. 

96. H. G. Askins. 

97. W. A. J. Moore. 

98. W. O. Wilson. 

99. J. A. McAllister. 

100. W.J. McClain. 

101. R. B. Gaskins. 

102. S. L. McClain. 

103. L. L. Dove. 

104. E. V. Gaskins. 

105. J. D. Floyd. 

106. M. H. Floyd. 

107. W. H. Kennedy. 

108. W. F. Kennedy. 

109. A. H. Williams, M. D. 

110. Wm. L. Fulmore. 

111. W. D. Smiley. 

112. G.F.Gopfort. 

113. N. W. Dennis. 

114. W. M. Mathews. 

115. W. J. Lynch. 

116. A. C. Beck. 

117. E. P. Lee. 

118. J. M. Kennedy, jr. 

119. J. J Collins. 

120. S. T. Godwin. 

121. R. A. Moore. 























212 


MURRAY” VS. ELLIOTT 


Names of voters —Continued. 


122. James Yarborough. 

123. B. B. Me White, jr. 

124. W. T. Askins. 

125. E. A. Cockfield. 

126. E. H. Thomas. 

127. H. Foxworth. 

128. T. B. Hinnaut. 

129. J. H. Singletary. 

130. Oaten Cock. 

131. JR.. C. Cammeron. 

132. S. C. McCutchen. 

133. H. W. Evans. 

134. J. D. Jingletary. 

135. J. H. Joiner. 

136. E. T. Moody. 

137. M. M. Rodgers. 

138. G. W. Jeffords. 

139. J. J. Morris. 

140. W. L. Graham. 

141. W. J. Cockfield. 

142. M. B. Spring. 

143. L. D. Clar. 

144. J. W. Kerdey. 

145. P. W. Mims. 

146. G. T. Rollins. 

147. J. W. Cockfield. 

148. W.L. Lee. 

149. John W. Godwin. 


172. S. J. Singletary. 

173. H. C. Godwin. 

174. R.M. Miles. 

175. W.J. Hodge. 

176. C. E. Hodge. 

177. Henry Parker. 


158. J. T. Gaskins. 

159. M. A. Thomas. 

160. M. A. C. Cook. 

161. W. W.Coolc. 

162. J. T. Kelly. 

163. D. Kelley. 


151. J. B. Haselden, 

152. W. H. Harrel. 

153. R. D. Rollins. 

154. A. B. Carter. 

155. J. G. Fennell. 

156. S. D. McKay. 


164. W. T. Kelly. 

165. W. H. Weaver 

166. J. M. Thomas. 

167. M. F. Gaskins. 

168. S. T. Weaver. 

169. J. E. Burch. 

170. J. D. L'uke. 


157. R. F. Singletary. 


150. P. E. Severance. 


171. S. L. McCutchen. 


178. J. R. Parker. 

179. J. M. Parker. 

180. J. M. Mathews. 

181. J. M. Weaver. 

182. Thomas Murphy. 

183. C. R. Weaver. 

184. J. J. Mathews. 

185. J. S. Paston. 

186. D. E. Canty. 

187. J. J. Canty. 

188. Robert Lochlear. 

189. J. S. Lynch. 

190. J. J. Gaskins. 

191. W.P. Godwin. 

192. Joe Gaskins. 

193. S. J. Huggins. 

194. J. E. Darrels. 

195. J. P. Phillips. 

196. J. A. Green. 

197. George Humphries. 

198. Preston Timmons. 

199. Neely Myers. 

200. W.L Mathews. 

201. S. C. Godwin. 

202. Y. C. Thomas. 

203. J. T. Brombay. 

204. R. C. Spring." 


State of South Carolina, Office of Secretary of State: 

I, D. H. Tompkins, secretary of state, do hereby certify that the foregoing is an 
exact copy of the election returns for Lake City precinct, in Williamsburg County. 

Given under my hand and the great seal of the State at Columbia, this the 21st day 
of December, in "the year of our Lord one thousand eight hundred and ninety-six, 
and in the one hundred and twentieth year of the Independence of the United States 
of America. 

[seal.] D. H. Tompkins, Seci’etary of State. 

State of South Carolina, board of managers for the election of Federal officers at 
Salters precinct of Williamsburg County. 


Statement of return of votes 


We, the board of managers for the election of Federal officers for the Salters pre¬ 
cinct of the county of Williamsburg, State of South Carolina, make the following 
statement and return of votes given for Presidential electors and Member of Con¬ 
gress voted for in the said county on the third day of November, A. D. 1896: 

The whole number of votes given for Presidential electors was 83. 

Of which B. O. Duncan received. 55 

Of which S. E. Smith received. 55 

Of which J. A. Noland received. 55 

Of which D. E. Yates received. 55 

Of which M. PI. Brice received. 55 

Of which J. W. Morris received. 55 

Of which H. L. Shrewsbury received. 55 

Of which F. M. Pricketts received. 28 

Of which M. R. Cooper received. 28 

Of which T. L. Gantt received. 28 

Of which C. T. Pritchard received. 28 

Of which R. B. Watson received. 28 

Of which C. L. Blease received. 28 

Of which J. J. McMahan received. 28 

Of which W. D. Trantham received. 28 

Of which James Stackhouse received. 28 

Of which T. W. Standland received. 28 

Of which Paul Whipple received. 55 


Total number of votes cast. 83 

The whole number of votes given for Member of Congress was 83. 

Of which Geo. W. Murray received... 55 

Of which Win. Elliott received. 28 


Total number of votes cast 


83 


























MURRAY VS. ELLIOTT. 


213 


V e do hereby certify that the foregoing statement is correct in all respects. 

In witness whereof we have hereunto subscribed our names this 3rd day of Novem¬ 
ber, A. D. 1896. 

W. Salters, 

J. G. Lifrage, 

B. H. Guess, 

Board of Managers for the Election of Federal Officers 

for Salters Precinct of the County of Williamsburg. 


Poll list kept by the managers of elections of the Salter’s election precinct of the 
county of Williamsburg of the State of South Carolina. 


Names of voters. 


1 . 

Williams Salters. 

30. J. A. Salters. 

59. 

Henry Gadsden. 

2. 

Monner Reas. 

31. T. E. Sailers. 

60. 

J. A. Staggers. 

N. S. Giles. 

3. 

L. M. Nelson. 

32. Wilson Izzard. 

61. 

4. 

Wm. Frazer. 

33. V. E. Lifrage. 

62. 

Manassas Giles. 

5. 

August Chandler. 

34. Emanuel Covert. 

63. 

D. C. Dozier. 

6. 

N. S. McFadden. 

35. Moubry Izzard. 

64. 

C. M. Salters. 

7. 

R. D. Robinson. 

36. L. J. Williams. 

65. 

W. L. McFarland. 

8. 

J. W. Smith. 

37. Burgess Peteford. 

66. 

Laurence McFarland. 

9. 

William Nixon. 

38. Harry White. 

67. 

J. B. Doziei’. 

10. 

E. T. Hamar. 

39. Richard McClary. 

68. 

F. F. Fillmore. 

11. 

Rev. J. S. Abercrombe. 

40. F. L. Williams. 

69. 

W. M. Funk. 

12. 

Joe Whitfield, sr. 

41 J. B. Nelson. 

70. 

W. S. Shaw. 

13. 

N. C. Conyers. 

42. S. Sauiuals. 

71. 

Hurkless Wilson. 

14. 

Anthonv Dozier. 

43. J.M. Cook. 

72. 

C. Whitfield. 

15. Daniel Hooks. 

44. Sandy Covert. 

73. 

W. R. Bryan. 

16. 

Arthur Williams. 

45. S. P. Britton. 

74. 

S. B. Hamer. 

17. 

Bonds Nelson. 

46. Ben Congers. 

75. 

D. H. Hamer. 

18. 

William Grant. 

47. K. S. Williams. 

76. 

S. L. Lifrage. 

19. 

Stephen Myers. 

48. W.J.B. Miller. 

77. 

John Canty. 

20. 

J. L. Bennett. 

49. E. S. Reeves. 

78. 

C. T. Muray. 

21. 

S. A. Dozier. 

50. W. F. Rodges. 

79. 

F. W. Lawrance. 

22. 

W. J. R. Cantey. 

51. J. P. Monzon. 

80. 

S. J. Washington. 

23. 

R. B. Salters. 

52. Z.L. Giles. 

81. 

J. G. Lifrage. 

24. 

H. B. Covert. 

53. J. E. McCollough. 

82. 

Alex. Spivey. 

25. 

J. A. Ferrell. 

54. O. B. McCollough. 

83. 

A. R. Anderson. 

26. 

J. E. DaA T is. 

55. W. K. Williams. 

84. 

B. H. Guess. 

27. 

28. 
29. 

J. M. Gruber. 

J. E. Lifrage. 

J. S. Thomas. 

56. Litus Samuel. 

57. Kelly Giles. 

58. Warren McFadden. 

85. 

W. Salters. 


State of South Carolina, Office of Secretary of State: 

I, D. H. Tompkins, secretary of state, do hereby certify that the foregoing is an 
exact copy of the election returns of Salters precinct, in Williamsburg County. 

Given under my hand and the great seal of the State at Columbia, this the 21st 
day of December, in the year of our Lord one thousand eight hundred and ninety- 
six, and in the one hundred and twentieth year of the Independence of the United 
States of America. 

[seal.] D. H. Tompkins, Secretary of State. 

State of South Carolina, board of managers for the election of Federal officers at 
Suttons precinct of Williamsburg County. 

Statement of return of votes. 

We, the board of managers for the election of Federal officers for the Suttons 
precinct of the county of Williamsburg, State of South Carolina, make the follow¬ 
ing statement and return of votes given for Presidential electors and Member of 
Congress voted for in said county on the third day of November, A. D. 1896: 

The whole number of votes given for Presidential electors was 66— 

Of which Bryan received. 47 

Of which McKinley received. 19 


Total number of votes cast, 66. 66 

The whole number of votes given for Member of Congress was 62— 


Of which Elliott received. 43 

Of which Murray received. 17 

Of which Cohen received. 2 


Total number of votes cast, 62 


62 












214 


MURRAY VS. ELLIOTT. 


We do hereby certify that the foregoing statement is correct in all respects. 

In witness whereof we have hereunto subscribed our names this 3rd day of Jsovem- 
ber, A. D. 1896. 

S. P. Cooper, 

R. D. Blakeley, 

W. L. Altman, 

Board of Managers for the Election of Federal Officers 

for Suttons Precinct of the County of Williamsburg. 

Poll list kept by the managers of election of the Suttons election precinct, county 
of Williamsburg, of the State of South Carolina. 


Names of voters. 


1 . 

A. J. Parsons. 

24. Primas Palmer. 

47. 

March Timmons. 

2. 

11. P. Hinnant. 

25. E. R. Rowe. 

48. 

E. J. Parker. 

3. 

S. L. Parsons. 

26. E. D. Hutcherson. 

49. 

Frank Williams. 

4. 

W. C. Ogborn. 

27. Peter Williams. 

50. 

W. J. Clarkson. 

5. 

Wesley Wilson. 

28. A. B. Cooper. 

51. 

W. S. Cooper. 

6. 

N. W. Wilson. 

29. A. L. Garey. 

52. 

S. R. Walters. 

7. 

J. C. Sanders. 

30. E. B. Cooper. 

53. 

H. B. Cooper. 

8. 

H. S. Garner. 

31. S. P. B. Altman. 

54. 

W. H. Garey. 

9. 

W. C. Garner. 

32. W. H. More. 

55. 

S. J. Altman. 

10. 

G. W. More. 

33. H. H. Prince. 

56. 

C. L. Altman. 

11. 

A. G. Altman. 

34. W.C. West. 

57. 

N. T. Altman. 

12. 

D. J. Evans. 

35. W. S. Moore. 

58. 

J. B. Clarkson. 

13. 

J. J. Cooper, sr. 

36. Joseph Frasier. 

59. 

E. W. Hutson. 

14. 

J. W. June. 

37. Samson McDonnell. 

60. 

Sam Fraser. 

15. 

S. N. June. 

38. J. M. Rouse. 

61. 

S. D. G. Lowery. 

16. 

H. E. Allsbrooks. 

39. A. L. Hiddleson. 

62. 

R. T. Hinds. 

17. 

J. W. McBride. 

40. A. W. Chandler. 

63. 

J. J. June. 

18. 

S. B. Gordon. 

41. W. C. Gordon 

64. 

P. M. Byrdie. 

19. 

B. P. Cooper. 

42. R. P. McAlister. 

65 

S. M. Harington. 

20. 

J. J. Cooper, jr. 

43. Willie Barr. 

66. 

W. L. Altman. 

21. 

W. G. Cooper. 

44. Wesley Pegeas. 

67. 

S. Pr Cooper. 

22. 

J. M. Altman. 

45. W. J. Thomas. 

68. 

R. D. Blakely. 

23. 

Isac Rollins. 

46. M. J.June. 




State of South Carolina, Office of Secretary of State: 

I, D. H. Tompkins, secretary of state, do hereby certify that the foregoing is an 
exact copy of the election returns for Suttons precinct, in Williamsburg County. 

Given under my hand and the great seal of the State at Columbia, this the 21st 
day of December, in the year of our Lord one thousand eight hundred and ninety- 
six, and in the one hundred and twentieth year of the Independence of the United 
States of America. 

[seal.J D. H. Tompkins, 

Secretary of State. 

tr~ 

State of South Carolina, hoard of managers for the election of Federal officers at 

Trio precinct, of Williamsburg County. 

Statement of return of votes. 

We, the board of managers for the election of Federal officers for the Trio pre¬ 
cinct, of the county of Williamsburg, State of South Carolina, make the following 
statement and return of votes given for Presidential electors and Member of Con¬ 
gress voted for in the said county on the third day of November, A. D. 1896. 

J. W. Register. 

J. B. Files. 

W. B. McCants. 

The whole number of votes given for Presidential electors was 88 . 


Of which M. R. Cooper received. 65 

Of which T. L. Gantt received. 65 

Of which C. T. Pritchard received. 65 

Of which R. B. Watson received. 65 

Of which C. L. Blease received. 65 

Of which J. J. McMahan received.. 65 

Of which W. D. Trantham received. 65 

Of which James Stackhouse received. 65 

Of which T. M. Standland received. 65 

Of which B. O. Duncan received. 23 

Of which S. E. Smith received.... 1 . 23 

Of which J. A. Noland received. 23 

Of which D. E. Yates received.. 23 















MURRAY VS. ELLIOTT. 


215 


Of which M. H. Brice received. 23 

Of which J. W. Morris received. 23 

Of which H. L. Shrewsbury received. 23 

Of which Paul Whipple received. 23 

Of which F. M. Prickett received. 23 


Total number of votes cast. 88 

The whole number of votes given for Member of Congress was 88. 

Of which Elliott received. 65 

Of which Murray received. 23 


Total number of votes cast. 88 


We do hereby certify that the foregoing statement is correct in all respects. 

In witness whereof we have hereunto subscribed our names this 3rd day of Novem¬ 
ber, A. D. 1896. 

J. W. Register, 

J. B. Files, 

W. B. McCants, 

Board of Managers for the Election of Federal Officers 

for Trio Precinct of the Count!/ of Williamsburg. 


POLL LIST. 

Names of voters. 


1. B. J. Witherspoon. 

2. Thus. Fraser. 

3. J. B. Morris. 

4. Isaac Young. 

5. E. Smith. 

6. J. B. Bennett. 

7. Sal Bell. 

8. Bennett McGill. 

9. M. Staling. 

10. F.W. Smith. 

11. H.H. Bovd. 

12. W. W. Boyd. 

13. P. B. Fagans. 

14. Bell Fullmore. 

15. W. C. Fulmore. 

16. D. F. Bratsher. 

17. W. J. Tearry. 

18. J. E. Limmons. 

19. S. B. Limmons. 

20. E. M. Limmons. 

21. L. K. MoLeon. 

22. C.B.Ogburu. 

23. H. H. Moorce. 

24. B. H. Morel. 

25. M.S. Fagans. 

26. J. M. Brown. 

27. H. P. Brown. 

28. G. A. McClany. 

29. J. I. Morris. 

30. R. M. McCullough. 


31. J. J. McCullough. 

32. T. A. Blakely. 

33. W. H. McClany. 

34. W. P. Kennedy. 

35. S. A . Harper. 

36. J. L. Teorry. 

37. J. E. Morris. 

38. G.W. Teorry. 

39. Peter Tisdale. 

40. G.P. Thomas. 

41. J. W. Watts. 

42. G. B. Blackmore. 

43. Wm. McDonald. 

44. Jack Bellmey. 

45. M. M. Lovell. 

46. W. E. Cooper. 

47. John Bennett. 

48. T. J.Durkes. 

49. Julious Wilson. 

50. F. W. Boyd. 

51. D. A. McCants. 

52. Louis Singleton. 

53. John McGill. 

54. J. N. Bennett. 

55. J.J. Wright. 

56. S. J. Morel. 

57. W.D. Bryan. 

58. J. King. 

59. L. A. Moore. 

60. T. B. Cooper. 


61. A. M. Bennett. 

62. S.B. Norton. 

63. B. C. Terry. 

64. J. S. Terry. 

65. J. W. Maseal. 

66. David Thud. 

67. W. C. Hennyhow. 

68. Hugh Boyd. 

69. W. Jeli'ers on. 

70. Cason Barr. 

71. Hugh Evans. 

72. J. B. McCants. 

73. T. P. Brown. 

74. J. J. M. McCants. 

75. G. W. Costin. 

76. G. W. Register. 

77. H.P. Morris. 

78. W. J. Flowers. 

79. A. B. McCants. 

80. S. J. Cooper. 

81. S. S. Blakely. 

82. L. E. Blencket. 

83. F. G. Nesmith. 

84. James Bryan. 

85. R. M. Montgomery. 

86. C. K. McKnight. 

87. R. J. Morris. 

88. T. G. McDonnald. 


State of South Carolina, Office of Secretary of State: 

I, D. H. Tompkins, secretary of state, do hereby certify that the foregoing is an 
exact copy of the election returns for Trio precinct in Williamsburg County. 

Given under my hand and the great seal of State at Columbia this the 21st day of 
December, in the year of our Lord one thousand eight hundred and ninety-six, and 
in the one hundred and twentieth year of the Independence of the United States of 
America, 

[seal.] D. H. Tompkins, Secretary of State. 


State of South Carolina, Williamsburg County: 

I, R. H. Richardson, a notary public in and for the State of South Carolina, do 
hereby certify that the deponents named in the notices hereunto attached, after 
being duly sworn to testify in behalf of George W. Murray, the contestant, at Ivings- 
tree and Gourdin, and being duly sworn to speak the truth in the matter of said 
contested election, gave the foregoing depositions by them, respectively, subscribed; 
that I caused the testimony of said deponents, with the questions propounded 
to them by counsel for contestant and contestee to be reduced to writing in my 
presence and in the presence of counsel for contestant and contestee; and that the 













216 


MURRAY VS. ELLIOTT. 


said testimony was carefully read to each of the said deponents, respectively, and 
duly subscribed and attested by them in my presence; and that counsel for contest¬ 
ant and contestee named in notices attached to depositions herein mentioned were 
present during the entire period of said examination. 

I further certify that each and every erasure, substitution, and interlineation that 
appears in any part of the record of the foregoing depositions was made, substituted, 
or interlined in the presence of the deponents, respectively, and before deponents 
were required to subscribe thereto. 

I further certify that the exhibits accompanying this testimony, viz, Exhibits A, 
B, C, D, E, F, P, R, S, and Tare part of this evidence, and were entered and hied as 
indorsed thereon. 

Witness my hand and seal at Williamburg County, town of Ivingstree, this 2d day 
of April, 1897. 

[seal.] R. H. Richardson, Notary Public. 

Notice to take testimony. 

To William Elliott, Contestee: 

You will take notice that the undersigned will, at Port Royal, in the county of 
Beaufort and State of South Carolina, on Thursday, the 21st day of January, A. D. 
1897, at 10 a. m., before Macon B. Allen, a notary public in and for the State of South 
Carolina, examine and take testimony of the witnesses whose names are hereto 
annexed in relation to and touching the issues involved in the above case, and that 
the said examination will continue from day to day until the same shall be com¬ 
pleted : 

H. N. Johnson, Moses Floyd, Joe Washington, Brooks Baker, Scipio Green, Middle- 
ton Wallace, J. C. Lawton, Elliott Moye, J. C. Mardenborough, Josiah Lloyd, Charlie 
Howard, Joe Brown, Simon White, all of the county of Beaufort and State of South 
Carolina. 

J. I. Washington, 

Attorney for George TV. Murray, Contestant. 

I accept service this 16th day of January, 1897. 

Wm. Elliott, Jr., Attorney for Contestee. 

Pursuant to notice the taking of the depositions of the witnesses on behalf of the 
contestant was begun at Port Royal, in the State and county aforesaid, on this the 
22d day of January, A. D. 1897. 

J. I. Washington, esq., appearing for the contestant, and William Elliott, esq., 
contestee, appearing in his own behalf. 

MOSES J. FLOYD, sworn, testified: 

Q. Name, age, place of residence?—A. Moses J. Floyd; 35 years; Port Royal, S. C. 

Q. What is your occupation?—A. Porter. 

Q. Are you a registered voter of Port Royal precinct?—A. Yes. 

Q. Do you hold a registration certificate?—A. No. 

Q. Did you at any time apply for a registration certificate?—A. Yes, sir. 

Q. When did you so apply?—A. April 27, 1896. 

Q. Why did you not get a certificate?—A. I didn’t pay my tax. 

Q. Did they demand your tax receipt when you applied for registration?—A. Y r es. 

Q. Where were you on the 3d day of November last, the day of election?—A. I 
was here at Port Royal. 

Q. Were you at the Federal poll; aDd if so, did you offer to vote for Congress¬ 
man?—A. Yes, sir. 

Q. Did you vote for Congressman on that day; and if not, why?—A. Because I 
didn’t have my register paper. 

Q. Who prevented you from voting?—A. The managers. 

Q. If 3 ou had been allowed to vote for whom would you have voted for Congress¬ 
man from this district?—A. Murray. 

Cross-examined by William Elliott, Esq., contestee: 

Q. At what place did you apply to be registered?—A. Beaufort, S. C. 

Q. Who were present when you applied?—A. The managers of the registration 
office. * 

Q. How many were there?—A. I didn’t see but one. 

Q. Who was that one?—A. I don’t know his name. 

Q. What did he say to you about paying your tax?—A. He asked me for my tax 
receipt and I told him I hadn’t any. 

Q. Did you appeal from this decision?—A. Yes, sir. 

Q. To what court?—A. To the tax office. 


MURRAY VS. ELLIOTT. 


217 


Q. Explain what you mean by appealing to the tax office.—A. To pay my tax. 

Q. Was that the only appeal you made?—A. No. 

Q. State what other appeal you made?—A. I went to register. 

Q. Did you appeal from this refusal to register you; and if so, to what court?—A. 
Civil court. 

Q. At what place was the civil court?—A. Port Royal. 

Q. Who was the judge of this civil court at Port Royal?—A. John C. Marden- 
borough. 

Q. Is he a judge? -A. He is the man that took my affidavit. 

Q. Do you mean on election day?—A. Yes. 

Q. Did you take any other appeal except to John C. Mardenborough?—A. Not 
from that time. 

Q. Explain what you mean by saying “not from that time.’ 7 —A. I haven’t done 
any more, sir. 

Moses J. Floyd. 

Sworn to and subscribed before me this 22dday of January, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 

JOSIAH LOYD, sworn, testifies: 

0- What is your name?—A. Josiah Loyd. 

Q. Age?—A. Twenty-five. 

Q. Place of residence?—A. Port Royal, S. C. 

Q. What is your occupation?—A. Laborer. 

Q. Are you a registered voter of Port Royal precinct?—A. Always have been till 
this year. 

Q. Did yon apply for registration under the new constitution; and if so, when?— 
A. I did, in April, 1896. 

Q. To whom did you apply?—A. To the managers of the registration office. 

Q. Do you know what their names are?—A. I know one of them. His name is 
Captain Peck. 

Q. Did you succeed in getting your registration certificate?—A. I did not. 

Q. Had you paid your taxes before applying; and if so, did you present your tax 
receipt to them?—A. I did pay my tax and present the receipt, too. 

Q. Then why did you not get your certificate?—A. I read a portion of the consti¬ 
tution and they turned me back. 

Q. What did they say when they turned you back?—A. They said I must explain 
the woul “certiorari.” I told them I couldn’t, and that the law didn’t require me 
to read and explain, too. 

Q. Then they required you to both read and explain?—A. They did. 

Q. Did they refuse you registration because you could not read, or because you 
failed to explain or define the word “certiorari?”—A. They refused because I could 
not explain the word “certiorari.” 

Q. Do you know whether or not Captain Peck, to whom you referred just now, was 
a candidate for any office before the Democratic primary held in August last; and if 
so, for what?—A. Yes, sir; he was a candidate for clerk of court. 

(Contestee objects to the answer, and moves to strike it out, because the witness is 
reading from a written paper in his hands while testifying.) 

Q. Does that paper you hold in your hands, from which contestee says you were 
reading, contain anything in relation to what you are now testifying?—A. It does 
not contain anything to what I was testifying a while ago. 

Q. Where were you on the 3d day of November last—on the day of election?—A. 
In Port Royal. 

Q. Did you go to the Federal poll on that day and offer to vote?—A. I did. 

Q. Did you vote on that day for Congressman, and if not, why?—A. I did not vote 
because I had no registration certificate; I made an affidavit. 

Q. Who denied you the right to vote?—A. The managers. 

Q. If you had been allowed to vote, for whom would you have voted for Congress¬ 
man from this district?—A. George W. Murray. 

Q. How long have you lived in Port Royal?—A. Ever since 1871. 

Q. You are pretty well acquainted with the voters of this precinct, are you not?— 
A. I am. 

Q. Do you know of any of the white voters at this precinct who have been regis¬ 
tered ana voted at the Federal poll at the last election who were no better qualified 
to be registered thau you were?—A. I don’t know. 

Cross-examined by Contestee: 

Q. What day in April did you apply to register in Beaufort?—A. I don’t know 
what day it was. 

Q. Ho'wfar is Beaufort from Port Royal?—A. Five miles, the county says; I don’t 
know. 


218 


MURRAY YS. ELLIOTT. 


Q. Give the names of the managers of the Federal poll at Fort Royal on election 
day, and state whether one of them was a Republican or not.—A. J. K. Attaway 
was one of the managers, A. D. Burr, and Verdier. A. D. Burr was a Republican. 

Q. Is Burr a colored man?—A. Yes, sir; he is a colored man. 

Q. Who wrote that paper which you held in your hand while testifying?—A. 
Mardenborough, I suppose, wrote it. I got it up in the market. 

Q. What do you mean when you say you got it in the market?—A. I mean I went 
into the market and got it. 

Q. When?—A. To-day. 

Q. From whom did you get it?—A. I got it off the desk. 

Q. What desk?—A. The desk they have in the market—writing desk. 

Q. What has Mardenborough to do with the market?—A. He uses the desk when 
he wants to write business letters, I suppose. 

Q. Did he write this for you?—A. He write it, but I don't know whether it was 
for me or not. 

Q. Did you take it from the desk without being told it was for you ?—A. I went 
into the market and was told there was a letter for me, and took it up and read it. 

Q. Did you tell Mardenborough what is written on this paper?—A. Yes. 

Q. When?—A. This morning. 

Q. Did Mardenborough give notes like this to the other witnesses?—A. I don’t 
know whether he did or not. 

Q. Did you see any other of the witnesses have notes like this?—A. I didn’t see any. 

Q. What was Mardenborough doing last election day at Port Royal?—A. He was 
taking affidavits. 

Q. For whom?—A. For Murray. 

Q. Do you mean for George W. Murray?—A. For George W. Murray, sir. 

(The contestee asks that the contents of this paper be taken down. 

“ Josiall Floyd: Went to Beaufort in April to register. Had previously paid my 
tax. I read constitution, but was told by officer that I could not read. On election 
day went to vote for Murray for Congress, but managers of election would not let 
me vote, so I made affidavit.”) 

J. S. Loyd. 

Sworn to and subscribed before me this 22d day of January, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 

SIMON G. WHITE, sworn, testified: 

Q. What is your name?—A. Simon G. White. 

Q. What is your age?—A. Thirty-seven. 

Q. Where do you live?—A. Port Royal. 

Q. What is your occupation?—A. Porter work. 

Q. Are you a registered voter of Port Royal precinct ?—A. Yes, sir. 

Q. Do you hold a registration certificate under the new constitution?—A. No, sir; 
I didn’t have any. 

Q. Did you apply for one?—A. I did, sir. 

Q. When and where did you apply?—A. Beaufort, S. C.; don’t remember the time. 

Q. To whom did you apply?—A. I applied to the men that were managing the 
constitution. 

Q. What do you mean by “managing the constitution?”—A. I went there to read 
a certain part of the constitution, and they went to work and objected. 

Q. Did they object to your reading the constitution at all?—A. Of one word, sir. 

Q. Did you read the section given to you?—A. Yes, sir. 

Q. Why, then, did they not give you your certificate?—A. Because I left the word 
“embezzlement” out; it was not pronounced right. 

Q. Do you mean that you left the word “embezzlement” out, or that they claimed 
that it was not pronounced correctly?—A. They claimed I did not pronounce it 
correctly. 

Q. Had you paid your taxes; and if so, did you present to them your tax receipt?— 
A. I did, sir. 

Q. Give the names, if you can, of the men to whom you applied for registration, 
and who refused you.—A. Captain Peck and one Mr. Verdier; I don’t know the 
other man. 

Q. Where was their office at?—A. Upstairs in the court-house. 

Q. Where were you on the 3d of November last, election day ?—A. Port Royal. 

Q. Did you offer to vote at the Federal poll on that day?—A. I did, sir. 

Q. Did you vote; and if not, why?—A. I did not, because I did not have my regis¬ 
tration certificate. 

Q. Who refused you the right to vote?—A. The managers at that poll. 

Q. If you had been allowed to vote, for whom woukl you have voted for Con¬ 
gressman from this district?—A. George W. Murray. 


MURRAY VS. ELLIOTT. 


219 


Cross-examined by Contestee: 

Q. On what day did you apply to be registered?—A. I don't know, really. 

Q. In what month?—A. I think it was in May. 

Q. What part of May?—A. I don’t know, sir. 

Q. Who went with you?—A. Myself, alone. 

Q. Did you appeal from their decision refusing you the right to register?—A. I 
appealed for an affidavit. 

Q. You mean on election day?—A. No, sir; to the court. 

Q. What court?—A. The supreme court in Beaufort. 

Q. Don’t you know that the supreme court is not held at Beaufort?—A. I don’t 
know where it is held at. 

Q. Who had charge of the appeal for you?—A. I don’t know; somebody took my 
name. 

Q. Who was the somebody?—A. I don’t know. 

Q. Did you ever go to Beaufort at any other time to apply to be registered?—A. 
Not since they objected me. 

Q. Did you ever go to Beaufort at any other time to see about this matter?—A. 
No, sir. 

Q. Don’t you know that when you read the section of the constitution that you 
left out the word “embezzlement?”—A. I did not leave out the word “embezzle¬ 
ment.” 

Q. Why, then, did you say a little while ago that you did leave it out?—A. I said 
they rejected me of the word; it was not pronounced right. 

Q. But you first said) ou left out the word.—A. I did not; it was a mistake some¬ 
where. 

Q. The answer you gave a little while ago was “ because I left the word ‘ embezzle¬ 
ment’ out.” How could the notary have put the words down if you did not say 
them ?—A. I said that they objected me because the word was not pronounced light. 

(Counsel for contestant desires the full answer of witness recorded here, which is 
“because I left the word embezzlement out; it was not pronounced right.”) 

Simon G. White. 

Sworn to and subscribed before me this 22d day of January, A. D. 1897. 

[seal.] Macon B. Allen, Rotary Public. 

SCIPIO GREEN, sworn, testifies : 

Q. What is your name?—A. Scipio Green. 

Q. What is your age?—A. Twenty-six. 

Q. What is your occupation?—A. All rouud man. 

Q. Where do you live?—Port Royal, S. C. 

Q. Are you a registered voter of Port Royal precinct?—A. No, sir. 

Q. Did you apply for registration under the new constitution?—A. Yes, sir. 

Q. Did you get your registration certificate?—A. No, sir. 

Q. To whom did you apply and where?—A. I applied to the board of registration 
and they objected me. 

Q. Who were the men composing that board?—A. One I know by the name of 
Beck or Peck. 

Q. What reason did they give, if any, for refusing to give you your certificate?— 
A. By not pronouncing the word in the constitution; I have forgot the word now, 
sir. 

Q. How many words, in the section that you read, did they claim you pronounced 
incorrectly?—A. All but that one, the word “general assembly.” 

Q. Did yon understand my question, I mean how many words did they claim you 
missed?—A. They'stopped me right there, when I got there they stopped me. 

Q. Where were you on election day, 3d of November last?—A. Port Royal, sir. 

Q. Did you offer to vote at the Federal polls on that day?—A. Yes, sir. 

Q. Did you vote on that day, and if not, why?—A. The managers wouldn’t let me 
vote. 

Q. If they had allowed you to vote, for whom would you have voted for Congress¬ 
man from this district?—A. Murray. 

Cross-examined by Contestee : 

Q, You called the board that rejected you by some name. Please spell that name 
so that the notary can take it down.—A. I don’t know but one man named Mr. Peck. 

Q. I don’t mean you to spell the name of a man, but the name you called the 
board?—A. I don’t understand you. 

Q. I will repeat the question. I want you to give the name of the board that 
rejected you, and spell that name.—A. The man that rejected me is Mr. Peck— 
P-i-c-k. 

Q. I repeat the question. I don’t want you to spell the name of a man, but give 


220 


MURRAY VS. ELLIOTT. 


the name of the board that rejected you, and spell that name.—A. I don’t under¬ 
stand you. 

Scipio Green. 

Sworn to and subscribed before me this 22d day of January, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 

ELLIOTT MOYE sworn, testified: 

Q. What is your name?—A. Elliott Moye. 

Q. What is your age?—A. Twenty-one. 

Q. What is your occupation?—A. Hard work, sir. 

Q. Where do you live?—A. Port Royal. 

Q. When were you 21 years of age?—A. Third of April last, 1896. 

Q. Did you apply for registration under the new constitution; and if so, when?— 
A. I did; June last. 

Q. Where at?—A. Port Royal. 

Q. Did you get your registration certificate?—A. I did not. 

Q. Why did you not get it?—A. The board refused to give it to me. 

Q. What reason did they assign for not giving it to you?—A. Said I wasn’t old 
enough. 

Q. Did you give them vour age?—A. I did; also brought my father for witness. 

Q. Did they hear your father’s statement?—A. Yes, sir. 

Q. What did your father inform them, if you know, concerning your age? 
(Contestee objects to the question, because the father is the proper person to testify 
on that point.) 

A. He told them I was 21; old enough to register. 

Q. Where were you on the 3d day of November last—day of election?—A. Port 
Royal. 

Q. Did you offer to vote at the Federal polls on that day?—A. Yes, sir. 

Q. Were you allowed to vote?—A. No, sir. 

Q. Who prevented you from voting?—A. The managers. 

Q. If you had been allowed to vote, for whom would you have voted for for Con¬ 
gressman from this district?—A. Murray. 

Q. When you applied for registration did the supervisors request you to read 
before they rejected you?—A. They did. 

Cross-examined by Contestee : 

Q. What is your father’s name?—A. Washington Moye. 

Q. Where does he live?—A. Port Royal. 

Q. Did you appeal from the decision of the registration officers?—A. I did not; I 
did not know where to go then. 

Elliott Moye. 

Sworn to and subscribed before me this 22d day of January, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 

MIDDLETON WALLACE, sworn, testified: 

Q. What is your name?—A. Middleton Wallace. 

Q. What is your age?—A. Twenty-one. 

Q. What is your occupation?—Laboring. 

Q. Where do you live?—A. Port Royal. 

Q. Did you apply for registration under the new constitution?—A. I did, sir. 

Q. When did you apply, and to whom?—A. June. One of the gentlemen’s name 
was Mr. Peck. I don’t know the other. 

Q. Where were they when you applied to them?—A. Port Royal. 

Q. Did they grant you a certificate?—A. They did not; they said I wasn’t old 
enough. 

Q. What else did they say to you, if anything, concerning your age?—A. They 
said to me to get my mother and father, and I did so. 

Q. Did your father and mother go before the board and prove your age. 

(Contestee objects to the question because the father or mother of witness are the 
proper persons to testify on this point.) 

A. Yes, sir; they did. 

Q. Where were you on the 3d day of November—last election day ?—A. Port Royal. 
Q. Did you go to the Federal poll on that day and offer to vote?—A. I did, sir. 

Q. Were you allowed to vote?—A. No, sir. 

Q. Who prevented you?—A. The managers. 

Q. If you had been allowed to vote, for whom would you have voted for for Con¬ 
gressman from this district?—A. George W. Murray. 


MURRAY VS. ELLIOTT. 


221 


Cross-examined by Contestee: 

Q- Give the names of your father and mother?—A. Thomas Wallace and Phoebe 
Wallace. 

Q. Where do they live?—A. Jericho. 

Q. How far is Jericho from Port Royal?—A. About 12 miles by land, I don’t know 
bow far it is by water. 

Q. How long does it take to go to Jericho from Port Royal by water?—A. About 
thirty minutes. 

Q. Did you go after your father and mother to bring them to Port Royal, and was 
it on the same day that the board rejected you?—A. No, sir; I sent word and they 
came, but Dot the same day. 

Q. Who did you send after them?—A. I did not send anyone, but I sent word. 

Q. By whom did you send word?—A. By a man that lived over there named 
Morris Rivers. 

Q. When did they come to Port Royal?—A. I think it was in July or August. 

Q. Did you make a second application to be registered, and was it at Port Royal 
also?—A. Yes, sir; I did. 

Q. Who composed the board on the tirst occasion, and who on the second?—A. The 
same gentlemen—Mr. Peck and another. There were two. 

Q. And you swear that on both occasions the board met at Port Royal?—A. Yes, 
sir. 

Q. Did they reject you the first time, or did they leave your case open for you to 
furnish testimony ?—A. They left the case open for me to furnish testimony. 

Q. Did you appeal from the refusal of the board to register you?—A. No, sir: I 
did not. 

Q. What is your height?—A. About 5 feet. 

Redirect: 

Q. When were you 21 years of age ?—A. The 13th day of June last. 

Middleton Wallace. 

Sworn to and subscribed before me this 22d day of January, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 


JOS. BROW r N, sworn, testified: 

Q. What is your name?—A. Jos. Brown. 

Q. How old are you?—A. Twenty-five years old. 

Q. Where do you live?—A. Port Royal. 

Q. What is your occupation?—A. Common laboring work. 

Q. Are you a registered voter of this precinct?—A. No, sir. 

Q. Did you apply for registration under the new constitution?—A. Yes, sir. 

Q. Where and when did you apply?—A. At Port Royal; in June, I think, sir. 

Q. Did the board of supervisors grant you a certificate of registration?—A. No, 
sir. 

Q. Had your taxes been paid, and did you present your tax receipt when you 
applied for registration?—A. Yes, sir. 

Q. What reason, then, did the supervisors give for denying you registration?—A. 
They gave me a constitution to read, and I missed two words, ‘‘prohibition” and 
“interlocutory,” or some such word as that. 

Q. Were you registered under the old law?—A. Yes, sir. 

Q. Where were you on election day, November 3, last?—A. Port Royal. 

Q. Did you offer to vote at the Federal poll; and if so, with what result?—A. Yes; 
I offered to vote. I was objected. 

Q. By whom?—A. By the managers. 

Q. If you had been allowed to vote, for whom would you have voted for Con¬ 
gressman from this district?—A. For Murray. 

Cross-examined by Contestee : 

Q. What property did you pay taxes on?—A. Paid poll tax. 

Q. When?—A. When it was due. 

Q. At what time?—A. I don’t know what time I paid it. 

Q. In what year did you pay it?—A. In 1894; and from then up till now, if I am 
not mistaken. 

Q. Will you swear that you have paid your poll tax in 1895?—A. Yes, sir. 

Q. To whom did you pay it?—A. I don’t know who I paid it to; I sent it by a 
man to Beaufort in 1895. 

Q. Will you swear you paid your poll tax in 1896?—A. Yes, sir. 

Q. To whom did you pay that?—A. I don’t know, sir. 

Q. Where did you pay it?—A. At Beaufort. 


222 


MURRAY VS. ELLIOTT. 


Q. Did you pay it in person?—A. I sent it by a man to Beaufort, ar.d be paid it 
for me. 

Q. You own no property, I understand?—A. No, sir. 

Q. Do you live in the town of Port Royal?—A. Yes, sir. 

Q. Where does Middleton Wallace, who has just testified, live?—A. I suppose he 
lives in town here. I see him here. 

Q. To whom did you pay your poll tax in 1894?—A. To an old man named Fuller. 

Joe Brown. 

Sworn to and subscribed before me this 22d day of January, A.D. 1897. 

[seal.] Macon B. Allen, Notary Public . 

Port Royal, S. C., January 23, 1897. 

Pursuant to agreement at adjournment, 3.45 o’clock yesterday afternoon, the 
taking of testimony in the above-named case was resumed at 11.50 o’clock this 
forenoon. 

Present: J. I. Washington, esq., attorney for contestant, and William Elliott, esq., 
contestee, in his own behalf. 

BROOKS BAKER, sworn, testifies: 

Q. What is your name?—A. Brooks Baker. 

Q. What is your age?—A. Will be 22 the 9th of May. 

Q. What is your occupation?—A. Well, I work at laboring work. 

Q. Where do you live?—A. Port Royal. 

Q. When were you 21 years of age?—A. May 9, 1896. 

Q. Are you a registered voter of Port Royal precinct?—A. No, sir; not yet. 

Q. Did you apply for registration under the new constitution?—A. Yes, sir. 

Q. When did you apply?—A. May, 1896. 

Q. To whom did you apply?—A. Up here; I don’t know the gentleman. 

Q. You don’t know the names of any of the gentlemen?—A. No, sir. 

Q. What reason did they give for not giving you a certificate?—A. Well, they 
said I hadn’t paid tax yet. 

Q. Was that the only reason why they refused you?—A. That’s all. 

Q. Did they require you to read anything?—A. No, sir. 

Q. Did you go to the Federal poll on last election and offer to vote?—A. Yes, sir; 
the last one that was here. 

Q. Did you vote?—A. No, sir. 

Q. Why did you not vote?—A. They said I hadn’t paid tax yet. 

Q. If they had allowed you to vote for whom would you have voted for Congress¬ 
man from this district?—A. I have forgotten his name. 

Cross-examined by Contestee: 

Q. What day in May was it yon applied to be registered?—A. I don’t remember, 
exactly, the date. 

Q. What time of the month was it?—A. I think it was about the last of the 
month. 

Q. You say it was at Port Royal?—A. Yes, sir. 

Q. Do you swear it was in the month of May?—A. I think it was in the month of 
May. 

Q. Was there more than one person to whom you applied? If so, how many?—A . 
Two or three were there. 

Q. Don’t you know whether there were two or three?—A. There was three. 

Q. On what day was you 21 years old?—A. On the 9th day of May, 1896. 

Q. Have you ever paid any State tax?—A. No, sir. 

Brooks Baker. 

Sworn to and subscribed before me this 23d day of January, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 

J. C. MARDENBOROUGH, sworn, testified: 

Q. What is your name?—A. J. C. Mardenborough. 

Q. What is your age?—A. Forty-four. 

Q. What is your occupation?—A. Attorney at law. 

Q. Where do you live?—A. Port Royal. 

Q. Where were you the 3d day of last November—election day?—A. In Port 
Royal, at the Federal polls. 

Q. How long were you at that poll?—A. From the opening to the closing of the 
poll. 

Q. What were you doing there during that time?—A. I was at the poll as a notary 


MURRAY YS. ELLIOTT. 223 

public to take tbe affidavits of those entitled to vote and not allowed to vote by the 
managers. 

Q. State, if you remember, how many such affidavits were taken by you. 

(Cotestee objects to the question because the persons rejected are the proper 
witnesses to be called. 

Attorney for contestant contends that the individual affiants could not testify as 
to the number of affidavits taken by witness.) 

A. About 140 or 145; certainly not 150. 

Q. What became of those affidavits?—A. I delivered them to J. I. Washington, 
attorney lor George W. Murray. 

Q. Do you recognize these as being the affidavits taken by you and sworn to 
before you as notarv public on election day last [affidavits handed to witness] ?— 
A. I do. 

(Counsel for contestant otters said affidavits in evidence. 

Contestee objects because the so-called affiants are the proper witnesses to be called 
to prove the fact of their rejection ; also, because the affidavits have been out of the 
custody of this witness and have been in the custody of contestant’s attorney. 

Affidavits marked “ Exhibit A.”) 

Q. Do you remember when it was that the board of registration visited Port Royal 
for the purpose of issuing registration certificates?—A. I think it was in the month 
of June, 1896. 

Q. Do you know how many members of the board were present; and if so, who 
were they ?—A. Peck, chairman of the board, and Verdier. I am certain these two 
men were present. I know them personally. 

Q. State, if you know, what was their politics at that time.—A. Well, I have 
always regarded them as Democrats, and have no reason to regard them as anything 
else. 

Q. State, if you know, if either of them was a candidate for office during the time 
they were issuing certiticates.—A. Mr. Peck was a candidate for clerk of the circuit 
court during the time he was chairman of the board of registration. 

Q. How do you know that he was a candidate?—A. Because it was published in 
the Democratic newspaper of the County. I had also seen it noticed in the Repub¬ 
lican newspaper of the county. I had also been told that he was a candidate for 
clerk of court by other persons who were candidates for the same office, who were 
Rodgers and C. L. Paul, and 1 had also seen his name on the ticket voted at the Dem¬ 
ocratic primary. 

Q. How many days was the office open at Port Royal forthe registration of voters ?— 
A. One day only; and that from about 9 o’clock in the morning till 3 o’clock in the 
afternoon. 

Q. Were you at the office on that day; and if so, how long?—A. I was about the 
registration office that day, part of the time in the room, and in the hallw r ay 3 or 4 
feet from the door. I was in the neighborhood of the office from the time it was 
opened till it was closed. 

Q. Why did you not remain in the room all the while?—A. Because 1 was requested, 
or ordered, by Mr. Peck, chairman of the board of registration, to leave the room. At 
that time there were a number of white men in the room. They came in to register. 

^Contestee requests that witness be required to keep his seat and to face the notary 
and not walk about the room twirling his switch while testifying. 

The witness takes his seat and continues.) 

Some of them, particularly PI. B. Cabanas, told Mr. Peck- 

(Contestee objects to witness stating what other people said.) 

A. (Continued.) 'that he had no tax receipt and had never paid any tax. At that 
time Mr. Peck saw me and told Cabanas never mind, come back and see me another 
time. Mr. Peck then asked me if I wished to register. I told him no, that I had 
already registered. He then told me to leave the room; I went into the hallway. 
Cabanas got his registration certificate, and his name is now on the registration book 
as having registered. 

Q. During the time of the registration here was anyone allowed in the registra¬ 
tion office except the supervisors and parties applying for registration?—A. Yes; a 
few white men were in and out of the office all day—w r hite men only. 

Q. Were they Democrats or Republicans?—A. Democrats, of course. 

Q. How many men were registered by the board the day they issued certificates 
here?— a. About thirty, and only one of them was colored. 

Q. Do you know .John Trescott?—A. 1 do. 

Q. Do you know whether or not he can read the constitution of South Carolina 
or any part of it?—A. I have known him for about 14 years; have had some inti¬ 
mate relations with him and am positive that he can’t read a common school second 
reader. There is another man registered here, Charlie Woodhouse, who is a Ger¬ 
man, who can’t pronounce an English sentence and can’t read a line of English. He 
is registered; there is another man, P. B. Bibb, employed at the naval station, in th e 



224 


MURRAY VS. ELLIOTT. 


Government service; came here when the Indiana was docked about March or April, 
1896. He came from Alabama here; he was certainly not a resident ot this State 
nor a citizen of the State, and he is registered; registered last year. J here are 
about 40 or 50 white men who were in town and had registration certificates od elec¬ 
tion day who did not appear at the Federal poll to vote because they had no tax 
receipt and knowing that the managers at that poll would not allow them to vote 
without presenting a tax receipt. One man, however, did vote at that poll without 
presenting a tax receipt from the tax office of this county. He presented a tax 
receipt from the tax office in Hampton County. His name is T. G. Jenkins. 

Q. I find on the poll list the name of Agripeto De Cabaligaurejai. Do you know 
such a person living in this precinct?—A. Yes. A person owning that name is living 
in this town, formerly known as An tone Santos. 

Q. From your knowledge of him and the strict requirements applied to the colored 
applicants for registration, could he have obtained his certificate by reading or 
understanding any section of the constitution? 

(Question objected to by the coutestee because it assumes what has not been 
proven.) 

A. He can’t speak English at all. And to understand what he is driving at when 
he speaks to you you have to pay the strictest attention to the expressions of his 
face and the motions of his hands to understand what he means. He certainly can’t 
read the constitution or any part of it. 

Q. Do you know whether or not he holds a certificate of registration?—A. He has 
one; I have seen it, and have had it in my hand, and besides I have seen his name 
on the book of registration as having registered. 

Q. Do you know Josiah Loyd?—A. Yes; I have known him about seventeen or 
eighteen years. 

Q. Did you see him yesterday morning; and if so, did you give him this paper 
[hands it to the witness] ?—A. Yes; I gave him this paper and wrote what is upon 
it at his request, from his own dictation. This paper, he told me, was to be given 
to Washington, Murray’s attorney, as a skeleton of what he intended to testify 
about. 

(Contestee objects to his stating his conversation with Loyd. 

Attorney for contestant offers this paper in evidence, marked “ Exhibit B.”) 

Cross-examined by Contestee : 

Q. How often last summer did the board of registration visit Port Royal for the 
purpose of registering voters?—A. But once. 

Q. Are you positive about that. And if so, please state how you know.—A. All 
the papers of the county—Democratic and Republican—had notices of the coming 
of the board of registration, and even gave the date of the month when they would 
be at Port Royal. On that date the board appeared here—Mr. Peck and Mr. Ver- 
dier. I am positive of this, for there was no public notice given of their coming, 
except this one time when they did come in the month of June. 

Q. If they had come at another time, would you have known it?—A. I would, if 
they had published a notice of their coming in the newspaper or posted notices on 
the streets. 

Q. Did you ever hear of their being here any other time?—A. No; not as a board 
of registration. 

Q. Did you ever know of their ever coming here at all at any other time?—A. No. 

Q. This notice in the papers that you speak of, did it contain notices of the board 
visiting other places in the county; and if so, what other places, if you remember?— 
A. Yes; it contained notices of the board visiting other places in the county. Span¬ 
ish Wells, I think; Grahamville, Bassell Landing; I think Hardeeville and Bluffton; 
I think Sheldon, but am not certain. 

Q. These appointments covered substantially the whole county, did they not?—A. 
Well, you could go to any of these places in the county, but in many instances you 
would have to travel considerable. 

Q. At what place did the board ordinarily hold its meetings when not visiting 
such places as the above?—A. In Beaufort. 

Q. Did you register there?—A. I did. 

Q. When the board was here in June last did you make it your business to attend 
its sessions?—A. The board held but one session here in June, and I attended that 
one. 

Q. Up to what hour did you remain in the room?—A. Well, I guess till between 
10 and 11 o’clock. 

Q. And you never returned into the room afterward?—A. Not after I was ordered 
out by Mr. Peck, the chairman. The door was closed and I remained in the hall¬ 
way, near the door. 

Q. And you were not in the room after 11 o’clock?—A. No; I wasn’t. 

Q. In your direct examination you first said that Mr. Peck “requested” you to leave 


MURRAY YS. ELLIOTT. 225 

the room, then you changed it to “ ordered ” you to leave the room: which is cor¬ 
rect?—A. Ordered. 

Q. \\ hy, then, did you first say requested?—A. Because the effect is the same. 

Q. Did you have any conversation with the hoard before it took place, or at the 
time it was takingplaee?—A. I had no conversation with the board—no communica¬ 
tion with them at all—and there was no misconduct on my part when they ordered 
me to leave the room. 

Q. How many persons were present that day for the purpose of being regis¬ 
tered ?—A. There were about 55 colored seeking registration, and there were about 
30 whites that were registered. 

Q. Where is II. B. Cabanas?—A. He was in Port Royal yesterday. 

Q- T. G. Jenkins, about whom you testified, does he not own property in Hampton 
County?—A. I have no personal knowledge outside of his tax receipt which I have 
had in my hands. 

Q. Who handed it to you ?—A. One of the members of the board of managers. 

Q. Was that in the polling place?—A. Yes, sir. 

Q. Was you in there during the time of the voting?—A. I was. 

Q. I suppose it was known to every one that you was representing Geo. W. 
Murray?—A. I have no reason to doubt that they did. 

Q. How long have you known Agripeto de Zabaliguarejai, formerly known as 
Antone Santos, as you say?—A. For about sixteen years. 

Q. Has he resided in this county all this time?—A. Yes. 

Q. Don’t you know that sometime ago he was granted commission by law to 
assume his real name, which he now holds, in place of the other name which you 
mention?—A. No; I don’t know. 

Q. Do you remember the amount and character of taxes which T. G. Jenkins held 
a receipt for?—A. I think the tax was on realty, but the amount I don’t remember. 

Q. Does not Hampton County adjoin Beaufort County?—A. Yes; but it is no part 
of the First Congressional district. 

Q. Have you a list of the me i who voted at the Federal poll on last election day?— 
A. I have. 

Q. Please examine it and see if P. H. Bibb voted at that box.—A. No; he didn’t 
vote. 

Q. What about H. B. Cabanas; did he vote at that box?—A. No. 

Q. Did Charles Woodhouse vote there?—A. No. 

Q. Did John Trescott?—A. No. 

Q. How old was Josiah Loyd when you first became acquainted with him, about 
seventeen or eighteen years ago ?—A. He was about 8 or 9 years old, probably 10. 

Q. Was Mr. Peck, who you mention was a candidate for clerk of court, a candi¬ 
date for that office at the general election?—A. No; by the time the general election 
time arrived he was out of the field. 

Q. Had he not only been seeking the nomination at the primary held in August?— 
A. He was seeking the nomination at the primary. 

Q. Was he a candidate in any other respect than that?—A. Not that I know of. 

Q. Please state who besides H. B. Cabanas were present before the board of reg¬ 
istration at Port Royal on the occasion mentioned in your testimony ?—A. E. H. 
Brooks, I think, Walter Clary, and his brother; W. C. Allen, I think, was present 
too. These are all I can remember now. 

Q. Were they all residents of Port Royal ?—A. Yes. 

Q. Was the room crowded?—A. No; the room was not crowded. There were 
about twelve men in the room, not counting the registration officers. 

Q. How many were in the hallway?—A. Well, I couldn’t tell how many were in 
the hallway, because I didn’t look around. 

Q. Are you a practicing attorney at this time?—A. No. 

Q. Have you ever practiced in this State?—A. Yes; and in this county. 

Q. In the court of common pleas?—A. Yes; and in general sessions. 

Q. How long since?—A. 1879,1 think. 

Q. Not since then?—A. No. 

Redirect: 

Q. Of the fifty-five colored persons who were around the registration office, seek¬ 
ing registration, how many were registered ?—A. One only. 

Q. How many white men seeking registration that day were denied certificates?— 
A. None. 

Q. If any were registered before you were ordered out of the office, how many 
were required to read or explain the sections of the constitution? 

(Contestee objects to these questions because it is new matter and that the wit¬ 
ness should be recalled for examination on such points in order that contestee may 
cross-examine him.) 

17745-15 



226 


MDRRRY VS. ELLIOTT. 


A. None of them. Not a white man was asked to read. Neither was any asked 
if he could read. 

Recross-examined by the Contestee: 

Q. Do you mean that fifty-four colored men were rejected on that day?—A. I 
don't mean to say that fifty-four were directly rejected by the registration officers 
on that day, but about twenty or thirty were directly rejected. Some of the others 
seeing how roughly those who were rejected were spoken to by the registration 
officers, and what they regarded as impediments being thrown in their way to 
prevent them from registering they became disgusted. 

Q. Then the colored men were allowed to remain in the room while others were 
being examined?—A. No; they were not allowed to remain in the room while others 
were reading. What was done in the room could be heard in the hallway and on 
the steps. 

Q. And you could hear in the hallway as well as the others?—A. Certainly, I was 
near the door. The door was partly closed. 

Q. Give me the names of the white men who were registered without being 
required to read?—A. One was Mr. Burckmeyer, John Trescott, J. D. Toomer. 
These were among the first of the whites. 

Q. What is Mr. Burkmeyer’s occupation?—A. Clerk for the railroad company. 

Q. What is Mr. Toomer’s occupation?—A. Watchman for the railroad company. 

J. C. Mardenborough. 

Sworn to and subscribed before me this 23d day of January, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 

Adjourned at 5 p. m. 

Exhibit A. 

Blank No. 1. 


State of South Carolina, Beaufort County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct of Port Royal, S. C., and legally qualified to register and vote therein, 
did, on this, the 3d day of November, 189G, present himself at the said voting pre¬ 
cinct to vote for George W. Murray, the Republican candidate for Congress in the 
First district of said State, desiring and intending to vote for the said George W. 
Murray, and upon his attempting to so vote was denied the right to so vote, and 
his vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register. And he further states that if he had been permitted to register and to 
vote at said election he would have voted for George W. Murray, the Republican 
candidate for Congress in said district. 

And the undersigned further states that he is qualified even under the present con¬ 
stitution, as he can read and write, as evidenced by the fact that he signs this in his 
own handwriting. 

Samuel Wright. 

Witnesses: 

J. C. Mardenborough. 

G. P. Washington. 


Personally appeared Samuel Wright and made oath that the above statement is 
correct. 

[seal.] J. C. Mardenborough, 

Notary Public. 

Port Royal, November 3, 1896. 


[Thirty-five affidavits, same as above, signed and witnessed, 
exhibit.] 


Blank No. 2. 


filed with 


this 


State of South Carolina, Beaufort County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct of Port Royal, S. C., and legally qualified to register and vote therein, 
did, on this, the 3d day of November, 1896, present himself at the said voting pre¬ 
cinct to vote for George W. Murray, the Republican candidate for Congress in the 
First district of said State, desiring and intending to vote for the said George W. 
Murray, and upon his attempting to so vote was denied the right to so vote, and his 
vote thus offered to the proper officers was rejected. 


MURRAY VS. ELLIOTT. 


227 


Aiul the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws ot South Carolina, 
being entitled to such registration, but had been refused and denied the right to regis¬ 
ter, and further states that if he had been permitted to register and to vote at said 
election, he would have voted for the said George W. Murray, the Republican candi¬ 
date for Congress in said district. 

Francis (his x mark) Middleton. 

Witnesses: 

J. C. Mardenborough. 

G. P. Washington. 

Personally appeared Francis Middleton and made oath that the above statement is 
correct. 

[seal.] J. C. Mardenborough, 

Notary Public. 

Port Royal, S. C., November 8, 1896. 

[One hundred and three affidavits, same as above, signed and witnessed, hied with 
this exhibit.] 


Exhibit B. 

Josiali Lloyd. Went to Beaufort in April to register; had previously pay my tax. 
I read constitution, but was told by officers that I could not read. 

On election day went to vote for Murray for Congress, but managers of election 
would not let me vote; so I made affidavit. 

State of South Carolina, 

County of Beaufort, in the First Congressional District: 

1, Macon B. Allen, a notary public in and for the State of South Carolina, do hereby 
certify that the deponents herein mentioned and duly summoned, to wit: Moses J. 
Floyd, J. S. Loyd, Simon G. White, Seipio Green, Elliott Moye, Middleton Wallace, 
Joe Brown, Brooks Baker, and J. C. Mardenborough, and produced by contestant, 
personally appeared before me at Port Royal, in the county of Beaufort and within 
the Congressional district aforesaid, on the 22nd and 23rd days of January, 1897, and 
after being duly sworn to speak the truth and nothing but the truth in the matter 
of the said contested election, gave and subscribed the foregoing depositions; that 
I caused the testimony of said deponents, with the questions propounded by both 
contestant and contestee, to lie reduced to writing, and in the presence of the wit¬ 
nesses and counsels, respectively; and caused said testimony to be carefully read to 
deponents before the same was subscribed by them; and I further certify that each 
and every erasure, substitution, and interlineation that appears in any part of the 
records of the foregoing depositions were made, substituted, or interlined in the 
presence of deponents, and before such depositions were subscribed by them or him. 

Witness my hand and seal this-day of April, A. D. 1897. 

[seal.] Macon B. Allen, 

Notary Public, South Carolina. 

Notice to take depositions. 

You will please take notice that the undersigned will, at Grays Hill, in the county 
of Beaufort, and State of South Carolina, on Monday the 25th day of January, A. D. 
1897, at 11 o’clock a. m., before Macon B. Allen, a notary public in and for the State 
of South Carolina, examine and take testimony of the witnesses whose names are 
hereto annexed, in relation to and touching the issues involved in the above case, 
and that said examination will continue from day to day until the same shall be 
completed. 

Anthony Hamilton, Thomas Heyward, Peter Brown, Josiah Heyward, Morris 
Gardner, jr., Carolina Richardson, Jacob Polite, Adam Middleton, Seipio Middleton, 
Frank Bolan, Tom Green, Prince Brown, Edward Brown, John Fell, P. Heyward, 
T. Frazier, William Riley, William Lawrence, Peter Campbell, Sam H. Hill, January 
Gregory, Barnwell Brown, Ben Adkins, William Frazier, James Moultrie, Richard 
Brown, Aaron Mike, Peter Chisolm, Solomon Frazier, John Brown, Johnas Burns, 
George Washington, Henry Walker, Sam Brantley, and May Simmons, all of the 
county of Beaufort and State of South Carolina. 

Dated at Beaufort, S. C., January 22,1897. 

J. I. Washington, 

Attorney for Geo. W. Murray, Contestant. 

I accept service the 22d January, 1897. 

Wm. Elliott. 



228 


MURRAY VS. ELLIOTT. 


Grays Hill, Beaufort County, S. C., January 25, 1897. 

Present: J. I. Washington, esq., attorney for contestant, and Win. Elliott, jr., esq., 
attorney for contestee. 

Examination for Grays Hill commenced at 11.30 o’clock a. m. pursuant to notice, 
Saturday, January 23, 1807. 

TOM GREEN, sworn, testifies: 

Q. What is your name?—A. Tom Green. 

Q. What is your age?—A. Twenty-five. 

Q. Where do you live?—A. Campbell plantation, Grays Hill. 

Q. What is your occupation?—A. Farmer. 

Q. Are you a registered voter of this precinct?—A. Yes, sir. 

Q. Do you hold a certificate under the new constitution of this State?—A. No, sir. 

Q. Did you apply for one?—A. Yes, sir. 

Q. When and to whom did you apply?—A. I applied in October to Isaiah Reed. 

Q. Did you apply to Isaiah Reed for a certificate, or did you not apply to Isaiah 
Reed after you were refused a registration certificate? 

(Counsel for contestee objects to leading questions being put to witness.) 

A. I applied to Isaiah Reed after 1 had been refused. 

Q. After who refused?—A. The registration officers. 

Q. Give the names, if you can, of the registration officers who refused to give you 
a registration certificate?—A. Captain Peck; I don’t know the others. 

Q. How many were there on the board at that time, and where was their office?— 
A. Two were there, and the office was in the Beaufort court-house. 

Q. What reason did they give for refusing you your certificate?—A. Said I didn’t 
read the word right. 

Q. State, if you know, what article and section they gave you to read, and what 
word they said you did not pronounce correctly.—A. The seventeenth article, fifth 
section; the word “recognizances.” 

Q. Was that the only word they claimed you pronounced wrong?—A. Didn’t let 
me read any further. 

Q. Where were you on the 3d of November—last election day?—A. I was at 
Grays Hill poll. 

Q. Did you offer to vote at the Federal poll on that day ?—A. Yes, sir. 

Q. Did you vote, and if not, why?—A. I did not vote because they would not let 
me because I did not have any registration certificate. 

Q. Who would not let you vote?—A. The managers at the poll. 

Q. If you had been allowed to vote, for whom would you have voted for for Con¬ 
gressman from this district?—A. George W. Murray. 

Q. Had you paid your taxes before, and did you present your tax receipt to the 
supervisors of registration when you applied for your certificate?—A. Yes, sir. 

Cross-examined by Wm. Elliott, Jr., esq., attorney for contestee: 

Q. You stated that it was the seventeenth article, fifth section, upon which you 
were rejected. Will you please read that section ? 

(Counsel for contestee presents the constitution to witness, requesting him to 
read a section selected by counsel. 

Counsel for contestee requests witness to read article 17, section 5.) 

A. No, sir; that is not the section. 

(Witness refused to read.) 

Q. W T ill you spell ‘‘recognizances?” 

(Counsel for contestant objects to the question on the ground that this is not a 
spelling match nor examination to ascertain the ability of the witness to spell words 
found in the constitution, nor to test his educational abilities.) 

A. No, sir; I will not spell it. 

Q. Will you spell “constitution of South Carolina?” 

(Contestant’s counsel enters the same objection as above.) 

A. No, sir. 

Q. Where were the registration officers when you applied to them for registra¬ 
tion?—A. In the court-house at Beaufort—upstairs. 

Q. Did you have your tax receipt with you? —A. Yes. 

Redirect: 

Q. Have you a copy of the constitution?—A. Yes, sir. 

Q. Take it and point out the section which you were required to read. 

(Witness points out fifth subdivision of section 11, article 17.) 

Q. Where does the word “recognizances” appear in that subdivision—the first, 
second, third, or fourth word?—A. The second word. 

Tom Green. 

Sworn to and subscribed before me this 25th day of January, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 


MURRAY YS. ELLIOTT. 


229 


SOLOMON FRAZIER, sworn, testified: 

Q. What is your name?—A. Solomon Frazier. 

Q. What is your age ?—A. Twenty-nine. 

Q. Where do you live?—A. Seahrook. 

Q. What is your occupation?—A. Farmer. 

Q. Are you a registered voter of this precinct?—A. I am. 

Q. How long have yon been such a voter?—A. About six years. 

Q. Do you hold a registration certificate under the new constitution?—A. No, sir. 

Q. Did you apply for a registration certificate; and if so, when?—A. In August. 

Q. To whom did you apply?—A. To the registration supervisors. 

Q. If you applied, why did you not get one?—A. He gave me article 10, section 1, 
to read. I called the word (i scientific” “santific,” and he turned me back and said 
I couldn’t read, and took out an affidavit against him before Lawyer Isaiah Reed. 

Q. Where were you on the 3d day of last November—election day?—A. Here at 
Greys Hill poll. 

Q. Did you offer to vote at the Federal poll on that day?—A. I did. 

Q. Did you vote; and if not, why not?—A. I went and presented my old registra¬ 
tion certificate and the managers said I wasn’t qualified to vote. 

Q. If you had been allowed to vote for whom would you have voted for for Con¬ 
gressman from this district?—A. Mr. George W. Murray. 

Q. How far is this precinct from the town of Beaufort?—A. Seven miles, I think. 

Q. State, if you know, whether or not the present board of supervisors of regis¬ 
tration opened their office at this precinct any time during last year.—A. Not as I 
know. 

Q. State, if you know, about how many Democratic votes are generally polled at 
this precinct for Congressman?—A. I don’t know. 

Cross-examined by Wm. Elliott, Jr., esq., attorney for contestee: 

Q. Did you appeal from the decision of the board of registration?—A. I did. 

Q. With whom did you file your appeal?—A. With Isaiah Reed. 

Q. Was your case ever tried in court?—A. No, sir; because Reed said, when he 
needed me he would let me know. 

Q. Did he ever send for you?—A. No. 

Q. Will you spell “ legislative department” for me?—A. No; I ain’t going to spell. 

Q. Will you read section 12 of article 2 of the present constitution of the State, 
which 1 hand to you?—A. Read no section but article 1, section 10, which they 
rejected me on. Hand me that and I will read that. 

Q. Will you explain the meaning of the following passage which I now read to 
you: “ Electors in municipal elections shall possess the qualifications and be subject 
to the disqualifications herein prescribed?” 

(Counsel for contestant objects to the question on the ground that this examina¬ 
tion is not for the purpose of testing the witness’s knowledge of the meaning of any 
section of the constitution, and the question of the contestee’s counsel is irrelevant 
and indicates an intention to unnecessarily lose time.) 

A. I will explain nothing. 

(Counsel for contestee requests the notary public to instruct the witness to answer 
the question. 

The notary public said he has no judicial power in this case. 

Counsel for contestee refuses to continue the cross-examination unless witness 
answers his question and the notary instructs him so to do.) 

Redirect: 

Q. Do you know what is Isaiah Reed’s business?—A. I know he is a lawyer. 

Solomon Frazier. 

Sworn to and subscribed before me this 25th day of January, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 

ANTHONY HAMILTON, sworn, testified: 

Q. What is your name?—A. Anthony Hamilton. 

Q. What is your age?—A. Twenty-four. 

Q. Where do you live?—A. At Saltwater Bridge. 

Q. What is your occupation ?—A. Farmer. 

Q. Are you a registered voter of this precinct under the new constitution?—A. I 
am not registered yet. 

Q. Did you apply for registration under the new constitution?—A. I did, sir. 

(Counsel for contestee objects to questions and answers in regard to the registra¬ 
tion of voters, because they are not in response to any allegations in the notice of 
contest, and rules to strike out all such testimony given by Tom Green, Solomon 
Frazier, and the present witness.) 


230 


MURRAY VS. ELLIOTT. 


Q. When <1 id you apply, and to whom?—A. In the second week after 4he office was 
established at Beaufort, at the court-house, to Mr. Peck. 

Q. State, if you know, what office Mr. Peck held at that time. W hat was his 
duty?—A. I couldn’t tell; but the registration office. 

Q. Did they grant you a registration certificate; and if not, why?—A. They did 
not. They handed me a constitution, article 5, section 25, to read; and, after read¬ 
ing the verse, they turned me back on the word “interlocutory.” 

Q. Is that the only word in the section they claimed you pronounced wrong?—A. 
Yes, sir. 

Q. Where were you on the 3d day of November Inst—on the day of election?—A. 
I was here at Greys Hill. 

Q. Did you offer to vote at the Federal polls on that day?—A. I did, and was 
rejected. 

Q. Who rejected you, and why?—A. The managers at the polls, because I didn’t 
have a certificate under the new constitution. 

Q. If you had been allowed to vote, for whom would you have voted for Con¬ 
gressman from this district?—A. Hon. G. W. Murray. 

Q. State, if you know, how many Democratic votes are generally polled at this 
precinct?—A. Between 4 and 5, and that is the managers. 

Q. About how many Republicans votes are generally polled here?—A. Three 
hundred and some odd. 

Q. Do you know whether the registration officers opened their office at this pre¬ 
cinct at any time during last year for the registration of voters?—A. I don’t know 
whether or not. 

Q. If they had opened their office here would you have known it?—A. I would. 

Cross-examination by Wm. Elliott, Jr., attorney for contestee: 

Q. The number of Republican voters which you just named as having been accus - 
tomed to vote at this poll, are they voters under the old constitution, or are they 
voters under the new constitution ?—A. Under the new. 

Q. How many votes were polled at this precint in the last election ?—A. I couldn’t 
tell you. 

Q. Will you read from the present constitution of this State, section 13, of arti¬ 
cle 2, which I now hand you ?—A. I don’t propose to read any but article 5, section 25. 

(Contestee’s counsel refuses to continue the cross-examination for the reasons 
stated before.) 

Anthony Hamilton. 

Sworn to and subscribed before me this the 25th day of January, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 

SAM H. HILL, sworn, testified: 

Q. What is your name?—A. Sam H. Hill. 

Q. What is your age?—A. Fifty-six. 

Q. Where do you live?—A. Perryclear. 

Q. What is your occupation?—A. Farmer 

Q. Are you a registered voter of this precinct?—A. Yes. 

Q. How long have you been such a voter?—A. From 1870. 

Q. Do you hold a certificate under the new constitution?—A. No. 

Q. Did you apply for a certificate; and if so, to whom did you apply, and when?— 
A. Y r es; to the supervisors of registration, at Beaufort, the fourth week after the 
office was opened. 

Q. Did you get your certificate; and if not, why? 

(Counsel for contestee offers the same objections as to the preceding witnesses.) 

A. No; because I didn’t read correctly. 

Q. Can you read?—A. \"es. 

Q. State, if you remember, what section in the constitution they required you to 
read.—A. Page 13, article 5. 

Q. Where were you on the 3d of November last, the day of election?—A. Here at 
Grays Hill. 

Q. Did you present yourself at the Federal polls and offer to vote on that dav ? — 
A. Yes. J 

Q. Did you vote for Congressman on that day; and if not, why?—A. No; because 
I never had my new registration certificate, or whatever they call it. 

Q. Who prevented you from voting?—A. Manager Benton. 

Q. If you had been allowed to vote, for whom would you have voted for Con¬ 
gressman from this district?—A. Hon. George Washington‘Murray. 

Cross-examined: 

Q. What section of article 5 did they ask you to read?—A. I said the page they 
handed to me was page 13, article 5. * J 


MURRAY VS. ELLIOTT. 231 

+ 

Q. What section of article 5 was it?—A. I call it page 13, article 5, and that is 
just what it is, I believe. 

Q. Did they make you read all of page 13?—A. No; just the fifth verse. 

Q. What mouth was it you applied for registration?—A. It was in April. 

Q. Where was the registration board meeting then ?—A. In the court-house. 

Q. \\ hat part of the court-house?—A. About the middle of the court-house. 

Q. What story of the court-house?—A. Second, I guess. 

Q. Did anyone else apply for registration the same day you did?—A. A great many 
more. 

Q. Can you name any of them?—A. No; thero were a great many, but none from 
my side. 

Q. What day of the mouth was it you applied?—A. I disremember. 

Q. How many men were in there when you applied?—A. Three. 

Q. Did you appeal from their decision in your case?—A. No. 

Q. Can you spell “judicial department”?—A. No. 

Q. Can you read section 11 of article 5 of the new constitution of this State, 
which I now hand you?—A. I not proposed to read none. 

(Counsel refuses to continue the cross-examination for the same reasons above 
stated.) 

Redirect: 

Q. I hand you a constitution at page 13, article 5. Point out the place where you 
were required to read by the registration officers. 

(Counsel handed him a constitution. 

Counsel for contestee insists that witness shall state to the notary what section it 
was and not point out the section and have attorney for contestant state which it 
is, as has been done. 

Witness pointed out to the notary section 5, on page 13.) 

Saml. H. Hill. 

Sworn to and subscribed before me this 25th day of January, 1897. 

[seal.] Macon B. Allen, Notary Public. 

JANUARY GREGORY, sworn, testifies: 

Q. What is your name?—A. January Gregory. 

Q. What is your age?—A. Thirty-nine. 

Q. Where do you live?—A. Grays Hill. 

Q. What is your occupation ?—A. Farmer. 

Q. Are you a registered voter of this precinct; and if so, how long ?—A. Yes; about 
twenty odd years. 

Q. Do you hold a registration certilicate under the new constitution?—A. No, sir. 

Q. Did you apply for a registration certificate; and if so, when?—A. Yes; I did. 
I think it was in September last. 

Q. Did you get your certificate; and if not, why not?—A. No, sir; I didn’t. After 
reading section 1, article 10, they wouldn't gire me one. 

Q. How much of that section did you read, and what words did they claim you 
missed ? 

(Counsel for contestee objects to the witness being led, and further objects to any 
questions to registration of voter not being in response to any allegations in the 
notice of contest.) 

A. I read the whole section; they claim I missed the last word “business.” 

Q. Where were you on the 3d of November last, election day?—A. At Grays Hill. 

Q. Did you offer to vote at the Federal polls?—A. Yes, sir. 

Q. Were you allowed to vote? And if not, give the reasons.—A. I did not allowed 
to vote because I did not have a registration certificate. 

Q. Who refused you the right to vote?—A. The manager, Mr. Benton. 

Q. If you had been allowed to vote, for whom would you have voted for Congress¬ 
man from this district?—A. Geo. W. Murray. 

Q. About what is the number of Republican votes generally cast at this precinct 
on election day?—A. Two hundred and fifty to three hundred. 

Q. About how many Democratic votes are usually polled here?—A. About one 
hundred or so. 

Q. Are you positive that there ever have been 100 Democratic votes polled at this 
precinct?—A. No, sir. 

Q. If you know, state how many Democratic votes are generally polled at this 
precinct—I mean for Congressman.—A. I don’t know. 

Cross-examined: 

Q. Did you appeal from the decision of the board of registration in your case?— 
A. Yes, sir. 


232 


MURRAY VS. ELLIOTT. 


Q. Has your case ever been tried?—A. No. 

Q. Did you go to court to have it tried?—A. I did. 

Q. Did you stay there until your ease was called?—A. I stayed there and it wasn t 
called. 

Q. When were you there?—A. Last term of court. 

Q. How long ago was that?—A. The last court was in September. 

Q. Don’t you know there has been another term of court since September?—A. 
There hasn’t been any other term of court since September. 

Q. Can you spell “ scientific?”—A. I spelled it once already. 

Q. Please spell it now. 

(Counsel for contestant objects to the question because it is irrelevant, and the 
witness is not called upon in this examination to prove his ability to spell.) 

A. No, sir. 

Q. Can you spell “ business?” 

(Counsel for contestant offers same objection as above.) 

A. I done spell, sir, already once. 

Q. I am not asking you what you have already done, but I ask you to spell it 
to-day. 

A. No, sir; I will not spell it. 

(Counsel for contestee refuses to continue the cross-examination because the wit¬ 
ness will not answer the question.) 

January Gregory. 

Sworn to and subscribed before me this 25th day of January, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 

PETER CHISOLM, sworn, testified: 

Q. What is your name?—A. Peter Chisolm. 

Q. What is your age?—A. Twenty-three. 

Q. Where do you live?—A. At Gray’s Hill. 

Q. What is your occupation ?—A. Farmer. 

Q. Are you a registered voter of this precinct?—A. No, sir. 

Q. Did you apply for registration under the new constitution?—A. Yes, sir. 

Q. When did you so apply?—A. Sometime coming along towards the time to 
close up. 

Q. To whom did you apply?—A. To the register managers, Mr. Peck. 

Q. Where was the office at?—A. The court-house. 

Q. Why did they not give you a certificate?—A. They gave me article 10, section 
1, to read, and I read down to the word “scientific” and called it “sintific,” and they 
turned me back. 

Q. They did not allow you to read any further?—A. No, sir. 

Q. Had your tax been paid?—A. Yes, sir. 

Q. Did you otter to vote at the Federal polls?—A. Yes, sir. 

Q. I mean on election day, November 3, last?—A. Yes. 

Q. Were you allowed to voce?—A. No, sir. 

Q. Who prevented you from voting?—A. The manager, Mr. Benton. 

Q. If you had been allowed to vote, for whom would you have voted for Congress¬ 
man from this district?—A. Mr. George W. Murray. 

Cross-examined: 

Q. Did you enter an appeal from the decision of the board in your case?—A. Yes, 

sir. 

Q. To whom did you appeal?—A. To the lawyer, Mr. Isaiah Reed. 

Q. Did he give you a certificate?—A. No, sir. 

Q. Did you ever go to court to have your case tried?—A. Yes, sir. 

Q. Can you spell “possessory?”—A. No, sir. 

Q. Can you spell “educational?”—A. No, sir. 

Q. Did anyone else apply for registration the same day you did?—A. Yes, sir. 

Q. Please mention some of them.—A. I don’t know who they are; they are not 
from my place. 

Q. What month was it you applied in?—A. I don’t know. 

Q. Do you remember what day of the week it was?—A. No. 

Q. Have you paid your taxes?—A. Yes. 

Q. When did you pay them?—A. Last year gone. 

Redirect: 

Q. You do know, do you, that you applied for your certificate before election day 
last?—A. Yes, sir. 

Peter Chisolm. 

Sworn to and subscribed before me this 25th day of January, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 


MURRAY VS. ELLIOTT. 


233 


JONAS BURNS, sworn, testifies: 

Q. What is your name?—A. Jonas Burns. 

Q. What is your age?—A. Fifty-three. 

Q. Where do you live?—A. At Rhett. 

Q. What is your occupation?—A. Farmer. 

Q. Are you a registered voter of this precinct; and if so, for how many years?—A. 
Yes; for twenty-four years. 

Q. Do you hold a certificate under the new constitution?—A. No, sir. 

Q. Did you apply ior a certificate; and if so, to whom, and when?—A. I applied 
to Mr. Peck in July, 1896. 

Q. State, if you know, what office Mr Peck held at that time.—A. He held the 
register office. 

Q. Were there any other persons with him?—A. Yes, sir; three in all. 

Q. Where was their office?—A. In the court-house. 

Q. Did your get your certificate; and if not, why?—A. No; I didn’t get it; they 
gave me article 5, section 8, to read; I read it, and they said I didn’t pronounce the 
word “reverse” right. 

Q. Where were you on the 3d day of November last—the day of election?—A. At 
Grays Hill. 

Q. Did you offer to vote at the Federal poll on that day? Were you allowed to 
vote? And if not, state the reason why not.—A. Yes; no, sir; because I didn’t have 
the certificate, and couldn’t vote. 

Q. Who prevented you from voting?—A. S. M. Benton, one of the managers. 

Q. If allowed to vote, for whom would you have voted for for Congressman from 
this district?—A. Geo. W. Murray. 

Q. About how many votes were generally cast at this poll at previous elections 
for Congressman?—A. Something about 300. 

Q. About how many of those votes were generally Democratic votes?—A. Some¬ 
times 3 or 4. 

Cross-examined: 

Q. Do you refer to the old registration or to the new registration, when you say 
300 votes were cast at this poll?—A. I refer to the old. 

Q. Can you spell “concisely?”—A. I didn’t come out here to practice spelling. 

Q. I asked you if you could spell it?—A. Yes, sir; I can spell it; I have spelled 
it several times. 

Q. If you can spell it, what are your objections to doing so?—A. Because I ain’t 
come out to-day to learn school. 

Q. Will you read section 11 of the present constitution of the State, of article 5, 
which I now hand you?—A. I won’t read it to-day; I have read it already before 
Peck. 

Q. Will you explain what the word “predecessor” means?—A. No; I ain't going 
to explain anything to-day. 

(Counsel for contestee refuses to continue the cross-examination, because witness 
will not answer the questions.) 

Jonas Burns. 

Sworn to and subscribed before me this 25th day of January, A. D. 3897. 

[seal.] Macon B. Allen, Notary Public. 

FRANK BOLEN, sworn, testifies: 

Q. What is your name?—A. Frank Bolen. 

Q. What is your age?—A. Twenty-seven. 

Q. Where do you live?—A. Grays Hill. 

Q. What is your occupation?—A. Farmer. 

Q. Are you a registered voter of this precinct; and if so, for how many years?—A. 
About six years. 

Q. Have you a certificate under the new constitution?—A. No. 

Q. Did you apply for one; and if so, why did you not get it?—A. Because I read 
and he said my reading was not correct; yes. 

Q. To whom did you apply for a certificate?—A. To the supervisors of registra¬ 
tion. 

Q. Where were you on the 3d of November last—election day?—A. At Grays Hill. 

Q. Did you offer to vote at the Federal poll? Were you allowed to vote?—A. I 
did; no, sir. 

Q. Who prevented you from voting?—A. The managers at the polls. 

Q. What reason, if any, did they give for preventing you from voting?—A. 
Because they said I wasn't qualified enough. 

Q. If you "had been allowed to vote, for whom would you have voted for for Con¬ 
gressman from this district?—A. G. W. Murray. 

Q. When did you apply for your registration certificate?—A. In September, 1896. 


234 


MURRAY YS. ELLIOTT. 


Cross-examination: 

Q. What day in September?—A. First Monday. 

Q. What section did they give you to read?—A. Article 16, section 2. 

Q. Will you read section 3 of the same article, which I hand you?—A. I had read 
article 16, section 2. 

Q. I ask you to read section 3.—A. No; I will not. 

Q. Can you spell “amendment?”—A. Yes. 

Q. Please do so.—A. I have spelt it once already, and it was correct. 

Q. When did you spell it ?—A. First Monday in September. 

Q. Did they ask you to spell any other word?—A. They did not. 

Q. Can you spell “general assembly?”—A. No. 

Q. Did you take an appeal from the decision of the board?—A. I did. 

Q. To whom did you appeal?—A. Mr. Peck. 

Q. What office does he hold?—A. Office of registration. 

Q. Did Isaiah R. Reed speak to you at all about registration?—A. Yes; I spoke 
with him. 

Q. What did he do for you?—A. He told me to come back on court week. 

Q. When did you pay your taxes?—A. February, 1896. 

Frank Bolen. 

Sworn to and subscribed before me this 25th day of January, A. I). 1897. 

[seal.] Macon B. Allen, Notary Public. 

PETER BROWN, sworn, testifies: 

Q. Wliat is your name?—A. Peter Brown. 

Q. What is your age?—Twenty-four. 

Q. Where do you live?—A. At Grays Hill. 

Q. What is your occupation ?—A. Farmer. 

Q. Did you apply for a registration certificate under the new constitution; and if 
so, did you read the section presented to you by the supervisors of registration?—A. 
Yes, sir; I read all but one word, which they said I didn’t pronounce right. 

Q. Had you paid your taxes, and did you present your tax receipt when you 
applied?—A. Yes, sir. 

Q. Did they give you your certificate?—A. No. 

Q. Do you remember when it was you made application for it?—A. July 2,1 think. 
Q. Did you offer to vote at the Federal poll at this precinct at the last election, and 
if so, were you allowed to vote?—A. Yes, sir; but was not allowed to vote. 

Q. Who prevented you from voting, and why ?—A. Mr. Benton. He said I wasn’t 
qualified. 

Q. If you had been allowed to vote, for whom would you have voted for for Con¬ 
gressman from this district?—A. George W. Murray. 

Cross-examined: 

Q. What paper was that you had in your hand when you came up to testify?— 
A. That was my own paper. 

Q. I mean the paper you put into your right-hand pocket when you came up to 
testify.—A. My own paper. Nothing about this matter. 

Q. Did you write it yourself?—A. No; it was sent to me. 

Q. You swear it has nothing to do with this examination or anything concerning 
your registration?—A. No. 

Q. Will you spell “ constitution of South Carolina?”—A. No, sir. 

Pete Brown. 

Sworn to and subscribed before me this the 25th day of January, A. D. 1897. 
[seal.] Macon B. Allen, Notary Public . 

ADAM MIDDLETON, sworn, testified: 

Q. What is your name, age, occupation, and place of residence?—A. Adam Middle- 
ton; 40; farmer; Rhett. 

Q. Do you hold a certificate under the new registration law?—A. No. 

Q. Did you apply for one; and if so, when?—-A. Yes; in September, 1896. 

Q. To whom did you apply ?—A. To the register board. 

Q. Where did that board meet?—A. Court-house. 

Q. Did you or not read the section of the constitution presented to you by the 
board when you applied?—A. Yes, sir. 

Q. Why, then, did they refuse to give you your certificate?—A. They rejected me 
of the word “perjury.” 

Q. And upon your failure to pronounce that word correctly they refused to give 
you your certificate?—A. Yes, sir. 


MURRAY VS. ELLIOTT. 235 

Q. Did you offer to vote at this precinct at tlie last election at the Federal poll; 
and it so, were you allowed to vote?—A. Yes, sir; hut was uot allowed to vote. 

Q. Who prevented you from voting?—A. The manager, Mr. Benton. 

Q. For whom did you intend to vote for for Congressman from this district?—A. 
G. W. Murray. 

Cross-examined: 

Q. Can you spell that word which you say you pronounced wrong, and upon which 
the hoard rejected you?—A. No; I ain't going to spell it now. 

Q. Will you read section 26 of article 1 of the present constitution of the State, 
which I now hand you?—A. No, sir. 

Q. What section was it they asked you to read?—A. Article 5, section 1. 

Q. Can you spell “burglary ”?—A. Not to-day, sir. 

Q. Canyon spell “ constitution”?—A. No, sir. 

Q. Did you appeal from the decision of the hoard in your case?—A. Yes. 

Q. To whom did you appeal?—A. Isaiah Reed. 

Redirect: 

Q. When you say you appealed to Isaiah Reed do you mean that you appealed to 
him for your certificate, or that as an attorney at law he had your appeal in charge? 

(Counsel for contestee objects to the witness being led.) 

A. As attorney at law. 

Recross: 

Q. What is the difference between attorney at law and lawyer?—A. I don’t know. 

Adam Middleton. 

Sworn to and subscribed before me this 25th day of January, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 

Adjourned at 5 p. in. sine die. 

State of South Carolina, County of Beaufort: 

I, Macon B. Allen, a notary public in and for the State of South Carolina, do hereby 
certify that the deponents heroin mentioned and duly summoned, to wit, Tom Green, 
Solomon Frazier, Anthony Hamilton, Samuel H. Hill, January Gregory, Peter Chis¬ 
holm, James Burns, Frank Bolen, Peter Brown, and Adam Middleton, and produced 
by contestant, personally appeared before me at Grays Hill, in the county of Beau¬ 
fort, and within the Congressional district aforesaid, on the 25th day of January, 
1897, and after being duly sworn to speak the truth, and nothing but the truth, in 
the matter of the contested election, gave and subscribed the foregoing depositions. 
That I caused the testimony of said deponents, with the questions propounded by 
both contestant and contestee, to be reduced to writing, and in the presence of the 
witnesses and counsels, respectively, and caused said testimony to be carefully read 
to deponents before the same was subscribed by them; and I further certify that each 
and every erasure, substitution, and interlineation that appear in any part of the 
records of the foregoing depositions were made, substituted, or interlined in the 
presence of deponents, and before such depositions were subscribed by them or him. 

Witness my hand and seal this-of April, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 

Notice to take testimony. 

To William Elliott, Contestee: 

You will please take notice that the undersigned will, at Woodlawn, on Ladies 
Island, in the county of Beaufort, State of South Carolina, on Tuesday, the 26th day 
of January, 1897, at 11 o’clock a. m., before Macon B. Allen, a notary public in and 
for the State of South Carolina, examine and take testimony of the witnesses whose 
names are hereto annexed, in relation to and touching the issues involved in the 
above case, and that said examination will be continued from day to day until the 
same shall be completed: John Simmons, Albert C. Mitchell, John W. Powell, J. C. 
Green, Hilliard Jenkins, Isaac Perry, George Fripp, Frank P. Patterson, Israel 
Jenkins, Harrison Holly, all residents of Ladies Island precinct, in the county of 
Beaufort and State of South Carolina. 

J. I. Washington, 

Attorney for George W. Murray, Contestant. 

Dated at Beaufort, S. C., January 23, 1897. 

Service accepted this 23d of January, 1897, at Beaufort, S. C. 

Wm. Elliott, Jr., 

Attorney for Contestee. 



236 


MURRAY VS. ELLIOTT. 


Ladies Island, Beaufort County, S. C., January 26, 1897. 

Present: J. I. Washington, esq., attorney for contestant, and Win. Elliott, jr., esq., 
attorney for contestee. 

HILLIARD JENKINS, sworn, testified: 

Q. What is your name, age, occupation, and place of residence?—A. Hilliard Jen¬ 
kins; 52 years; farmer; Ladies Island. 

Q. Are you a registered voter of Ladies Island precinct; and if so, for how many 
years?—A. Yes; thirty years or more. 

Q. Do you hold a certificate under the new constitution?—A. No. 

Q. Did you apply for such a certificate?—A. Y'es, sir; I have been there twice. 

Q. When did you apply?—A. October. 

Q. Why did you not get a certificate?—A. I was there two days on a stretch and 
couldn’t get in. 

Q. Did you remain there each day until the office was closed?—A. Yes, sir. 

Q. Where were you on the 3d day of November last, the day of election? 

(Counsel for contestee objects to testimony in regard to the poll at this precinct 
as to registration of voters, and the conduct of tiie poll on election day, on the 
ground that there is no allegation in the notice of contest as to the registration of 
voters for this precinct, or the election held at this precinct, and moves that all such 
testimony be stricken out.) 

A. I was here, at the Ladies Island precinct. 

Q. Did you offer to vote at the Federal poll at this precinct; and if so, were you 
allowed to vote?—A. Yes, sir; but was not allowed to vote. 

Q. Who prevented you from voting?—A. The managers. 

Q. If you had been allowed to vote for whom would you have voted for for Con¬ 
gressman from this district?—A. Murray, sir. 

Q. What reason, if any, did the managers give for denying you the right to vote?— 
A. They said I hadn’t a new register and couldn't vote. 

Cross-examined: 

Q. What day in October did you apply for registration?—A. I don’t remember 
the date. 

Q. Why did you not apply sooner?—A. I wasn’t particular, because I thought I 
could get in when I went. 

Q. Did not the registration officers visit Ladies Island for the purpose of register¬ 
ing persons?—A. Not that I know of. 

Q. What part of October was it you went, first or last?—A. The first of October. 

Q. Have you applied for registration since that day?—A. Yes. 

Q. When was it?—A. About the last of October. 

Q. How many managers at this precinct were colored men?—A. Two. 

Q. Are you able to read?—A. I ain’t prepared to read to-day. 

Q. What time in the day did you arrive at the registration office?—A. 10 o’clock. 

Redirect: 

Q. You say there were two colored men who were managers at the poll on election 
day—who were they ?—A. N. J. Rivers and, I think, Tarquin Smalls. 

Q. Who were the other managers at that poll?—A. Charles Lucas. 

Q. Is it not a fact that Tarquin Smalls has been known as a colored Democrat for 
several elections?—A. \ r es, sir. 

Q. When you went up to the registration office, the latter part of October, was 
the office open ?—A. The office was open for the few men whose names they had 
taken down. 

Recross-examination: 

Q. Were not those men whose names they had down the men who applied the last 
day the registration office was open, could not gain admittance on account of the 
crowd, and were examined the next day, according to the list prepared of those 
unexamined on the previous day?—A. 1 don’t know. 

Q. Do you understand the question?—A. No; I don’t understand. 

Hillard Jenkins. 

Sworn to and subscribed before me this 26th day of January, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 

JOHN W. POWELL, sworn, testified: 

Q. What is your name, age, occupation, and place of residence?—A. John W. 
Powell; 23; farming; Sams Point, Ladies Island. 

Q. Are you a, registered voter of this precinct?—A. Y"es, sir. 


MURRAY VS. ELLIOTT. 


237 


Q. Do you hold a certificate under the new constitution?—A. Yes, sir. 

Q. Where were you on the 3d day of November last—the day of election?—A. At 
the Woodlawn precinct poll, Ladies Island. 

Q. Did you olter to vote at the Federal poll at this precinct on that day; and if so, 
were you allowed to vote?—A. Yes, sir; was not allowed to vote. 

Q. \\ ho prevented you from voting, and what reasons, if any, were given? 

(Counsel for contestee objects to this testimony for the same reasons as to the 
witness Hilliard Jenkins.) 

A. The managers of the poll; my poll tax was not paid in due time. 

Q. When did you pay your poll tax?—A. Ninth of July. 

Q. Why did you not pay it earlier?—A. I couldn’t get into the tax oflice on account 
of the crowd. 

Q. Did you at any time otter your tax to the treasurer prior to the 9th of July and 
he refused to receive it? 

(Counsel for contestee objects to the witness being led.) 

A. I didn t otter it to the treasurer because I couldn’t see him. I went to his house 
and he wasn’t iu. I asked Mr. Cole, his assistant, could I pay it, and he told me he 
didn’t think the treasurer would take it. 

Q. When was this you saw Mr. Cole?—A. Some time in January, 1896, and another 
time in April. 

Q. When did you first apply for your registration certificate?—A. September 9, 
1896. 

Q. If you had been allowed to vote on election day, for whom would you have 
voted for Congressman from this district?—A. Geo. W. Murray. 

Cross-examined: 

Q. Is that your poll-tax receipt that you have in your hand?—A. Yes. 

Q. Please read the date on the tax receipt.—A. July 9, 1896. 

Q. Is that the day you paid your poll tax?—A. Yes, sir. 

Q. Will you please read to the notary everything on your tax receipt? 

Witness reads: “Tax receipt No. 7390. Beaufort County, S. C., July 9,1896. 
Received from John W. Powell $1.15 for taxes due on the following-described property 
for the fiscal year commencing November 1, 1894, namely, lot-, acres-, build¬ 
ings -, personal property-, value-, 104 mills levied for all purposes; 15 per¬ 

cent penalty, 15 cents; poll tax $1; total tax $1.15. Joseph T. Reed, treasurer.” 

Q. Is there any entry in the blank spaces before the following words, “lots/’ 
u acres,” “ buildings,” “ personal property,” “value,” and “total value”?—A. No, sir # 

John W. Powell. 

Sworn to and subscribed before me this 26th day of January, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 

ALBERT MITCHELL, sworn, testified: 

Q. What is your name, age, occupation, and place of residence?—A. Albert 
Mitchell; about 48; farming; Brick Yard, Ladies Island. 

Q. Do you hold a certificate of registration under the new constitution?—A. Yes, 
sir. 

Q. Did you offer to vote at the Federal poll at this precinct at the last election; 
and if so, were you allowed to vote?—A. Yes, sir; but not allowed to vote. 

Q. Who prevented you from voting, and what reason was given?—A. The man¬ 
agers at the poll prevented me from voting, because I didn’t have a tax receipt. 
After reading the constitution I left my tax receipt on the table in the register office 
and I went back and asked for it, and they said they couldn’t find it. They told me 
to go to the tax collector and get another one, and he told me it was all right when 
I went to him that day, and so I made myself easy about it and gone back. He told 
me he couldn’t give it to me because there was no blank. So I had to do without it. 

Q. Who were the managers at the State poll at your precinct on that day?—A. 
Mr. Cole. 

Q. What connection, if any, has Mr. Cole with the treasurer’s office?—A. I don’t 
know. 

Q. Have you ever seen Mr. Cole in the tax office?—A. Yes, sir. 

Q. Do you know what he does in the tax office?—A. He was sitting down when I 
went to the door. 

Q. Do you know where Mr. Cole works?—A. Yes, sir. 

Q. State where he works.—A. He works in the tax office. 

Q. What kind of work does he do in the tax office?—A. He makes up the tax 
receipts when you go to pay for land, property, etc. 

Q. Did Mr. Cole know whether you had paid your taxes or not?—A. Yes, sir; 
because I gave him the money and he paid it and brought the tax receipt. 

Q. Did you have any talk with Mr. Cole on election day concerning the managers’ 







238 


MURRAY VS. ELLIOTT. 


refusal to let you vote at the Federal poll because you had uo tax receipt?—A. \ee, 
sir; I did, and he said I couldn’t. 

Q. If you had been allowed to vote, for whom would you have voted for for Con¬ 
gressman from this district?—A. George W. Murray. 

Q. When did you pay your taxes?—A. I paid my taxes, I think, January or Feb¬ 
ruary, 1896. 

Cross-examined: 

Q. What day did you apply for registration ?—A. Some time in August or Sep¬ 
tember. 

Q. Have you your registration certificate with you?—A. No, sir. 

Q. Have you paid your poll tax for this year?—A. No, sir; not yet. 

Q. Don’t you know the time for paying it has expired?—A. Yes, sir; the same day 
I went Mr. Reed died, and I couldn’t pay it. 

Q. What day of the month was that?—A. I think it was about ou the loth of 
January. 

Q. Don't the time for the payment of taxes expire on the 31st of December?—A. I 
don’t know, sir. 

Q. Do you swear that you left your tax receipt on the table in the registration 
office?—A. Yes, sir. 

Q. How long after you left the office did you find out you had lost it?—A. I found 
out as soon as I came out, and ran around to the window and asked them to give me the 
tax receipt on the table, and they told me to go around to the door and come in; and 
they hunted for it and couldn’t find it, and told me to hunt for it; and I told them it 
was useless for me to hunt for it, when I left it on the table; and I asked what was 
I to do for a tax reeeipt, so they told me to go to the tax collector and get another 
one; and I came to the tax collector and he told me it was all right, and so I made 
myself satisfied. He said he didn’t have time that day, so I went again and saw 
him about it, and he said he couldn’t give it to me because he didn’t have no blank. 

Q. What officers were in there that day?—A. Mr. Cole was in there. 

Q. What registration officers were in there that day?—A. I don’t know the names. 

Q. How many were in there?—A. Two. 

Q. Do you recollect the number of your registration certificate?—A. No, sir. 

Q. Do you know Mr. Cole’s full name?—A. No, sir; I know he is called Mr. Cole; 
that is all I know . 

A. C. Mitchell. 

* Sworn to and subscribed before me this 26th day of January, 1897. 

[seal.] Macon B. Allen, Notary Public. 

ISRAEL JENKINS, sworn, testified: 

Q. Wliat is your name, age, occupation, and place of residence?—A. Israel Jenkins; 
25; farming; Ladies Island. 

Q. Do you hold a registration certificate under the new constitution?—A. No, sir. 

Q. Did you apply for one; and if so, when?—A. Yes; in October. 

Q. Why did you not get one?—A. I went there and the crowd was so thick, and I 
waited there so long that the office closed. 

Q. Do you remember what day in October it was?—A. Second day in October. 

Q. Did you go to the Federal poll at your precinct on last election day and offer, 
and if so were you allowed, to vote?—A. Yes; but was not allowed to vote. 

Q. Who denied you the right to vote?—A. Mr. Cole. 

Q. Was Mr. Cole a manager at the Federal poll?—A. Yes. 

Q. Did you go to the poll at which Mr. N. J. Rivers, Tarquin Small, and Mr. Lucas 
were managers?—A. Yes, sir. 

Q. Did they allow you to vote?—A. No, sir. 

Q. If you had been allowed to vote, for whom would you have voted for Congress¬ 
man from this district?—A. G. W. Murray: 

Cross-examined: 

Q. Had you paid your poll tax when you went to the registration office to apply?— 
A. No, sir. 

Q. Will you read section 12 of article 2 of the present constitution of this State, 
which I now hand you? 

(Counsel for contestant objects to the question on the ground that this examina¬ 
tion is not for the purpose of testing the educational qualifications of the witnesses; 
and if the witness should read neither the attorney for contestee nor the notary 
public are authorized judges of his qualification.) 

A. No, sir. 

Q. Can you spell “municipal electors?” 

(Counsel for contestant objects to the question on the same grounds as above and 


MURRAY VS. ELLIOTT. 


239 


will add that counsel for contestee is doing by his questions just what the partisan 
board of supervisors of registration did in "its effort to intimidate applicants by 
selecting the most difficult sections to read and words to define and spell to be found 
in the constitution. 

Contestee’s attorney insists that counsel for contestant shall not testify.) 

A. I don’t know, sir. 

Isreal Jenkins. 

Sworn to and subscribed before me this 26th day of January, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 

FRANK PATTERSON, sworn, testifies: 

Q. What is your name, age, occupation, and place of residence ?—A. Frank Pat¬ 
terson; about 27, sir; planter; Ladies Island. 

Q. Do you hold a certification under the new constitution?—A. No, sir. 

Q. Did you apply for one; and if so, when?—A. Yes, sir; I did, 2d day of October. 

Q. Why did you not get a certificate ?—A. A large crowd was there and I waited 
all day, and the office closed and I went without it. 

Q. Did you go back again?—A. I went back the next week. 

Q. Did you get to the officers then?—A. No: I did not. 

Q. Why didn’t you?—A. The second time I went I met a few, and the office closed 
a little while after I got there. 

Q. Did you go to the Federal poll on election day last and offer to vote? 

(Counsel for contestee makes the same objection to this testimony as to the testi¬ 
mony of Hilliard Jenkins.) 

A. Yes, sir. 

Q. Were you allowed to vote; and if not, who prevented you?—A. No, sir; I was 
prevented by the managers of the poll. 

Q. If you had been allowed to vote, for whom would you have voted for Con¬ 
gressman from this district?—A. George W. Murray. 

Cross-examined: 

Q. Had you paid your poll tax when you went to the registration office to get 
registered?—A. Yes. 

Q. Will you read from article 8, section 10, of the present constitution of this 
State, which I now hand you?—A. No, sir. 

Q. Can you read?—A. A little. 

F. P. Patterson. 

Sworn to and subscribed before me this 26th day of Jauuary, 1897. 

[seal.] Macon B. Allen, Notary Public. 

J. C. GREEN, sworn, testifies: 

Q. What is your name, age, occupation, and place of residence?—A. J. C. Green; 
about 30; ferryman; Ladies Island. 

Q. Are you a registered voter of this precinct?—A. No. 

Q. Have you ever been ; and if so, how long?—A. Yes; all along. 

Q. Do you hold a registration certificate under the new constitution?—A. No. 

Q. If you ever applied for one, state to whom and when you applied.—A. To Mr. 
Peck and Verdier in the six weeks. 

Q. Where did they open their office at that time?—A. In the court-house. 

Q. Why did you not get your certificate?—A. Said I did not pronounce a word 
right. 

Q. Did you read the section of the constitution presented to you by them?—A. 
I did. 

Q. Where were you on the 3d day of November last, the day of the election?—A. 
Here at the poll. 

Q. Did you offer to vote at the Federal poll on that day; and if so, were you 
allowed to vote?—A. I did; was not allowed to vote. 

Q. Who prevented you from voting?—A. The managers of the poll. 

Q. If you had been allowed to vote, for whom would you have voted for Congress¬ 
man from this district ?—A. George W. Murray. 

Cross-examination: 

Q. Can you read?—A. Yes. 

Q. Can you read section 2 of article 6 of the present constitution of this State, 
which I now hand you?—A. No. 

J. C. Green. 

Sworn to and subscribed before me this 26th day of January, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 

Adjourned at 5 p. m. 


240 


MURRAY VS. ELLIOTT. 


State of South Carolina, County of Beaufort: 

I, Macon B. Allen, a notary public in and for the State of South Carolina, do hereby 
certify that the deponents herein mentioned and duly summoned, to wit, Hilliard 
Jenkins, John W. Powell, A. C. Mitchell, Isral Jenkins, F. P. Patterson, J. C. Green, 
and produced by contestant, personally appeared before me at Ladies Island, in the 
county of Beaufort, and within the Congressional district aforesaid, on the 26th day 
of January, 1897, and after being duly sworn to speak the truth and nothing but 
the truth in the matter of the said contested election, gave and subscribed the 
foregoing depositions; that I caused the testimony of said deponents, with the ques¬ 
tions propounded by both contestant and contestee, to be reduced to writing, and in 
the presence of the witnesses and counsels, respectively, and caused said testimony 
to be carefully read to deponents before the same was subscribed by them; and I 
further certify that each and every erasure, substitution, and interlineation that 
appear in any part of the records of the foregoing depositions were made, substi¬ 
tuted, or interlined in the presence of deponents, and before such depositions were 
subscribed by them or him. 

Witness my hand and seal this 26th day of April, 1897. 

[seal.] Macon B. Allen, Notary Public. 


Notice to take depositions. 

To William Elliott, Contestee: 

You will please take notice that the undersigned will, at Keins Neck, in the 
county of Beaufort, State aforesaid, on Thursday, the 28th day of January, 1897, at 
11 o’clock a. in., before Macon B. Allen, a notary public in and for the State of South 
Carolina, examine and take testimony of the witnesses whose names are hereto 
annexed, in relation to and touching the issues involved in the above case, and that 
said examination will continue from day to day until the same shall be completed: 
T. J. Heyward, Geo. W. Dawson, Anthony M. Barnwell, London Briyard, John 
Clark, Peter Maxwell, Richard J. Carr, Prince Gadson, Frank E. Williams, Boston 
Washington, all residents of Chisolms Landing precinct, county of Beaufort, and 
of South Carolina. 

J. I. Washington, 

Attorney for Geo. W. Murray, Contestant. 

Dated at Beaufort, S. C., January 26, 1897. 

Service accepted this 26th day of January, 1897, at Beaufort, S. C. 

Wm. Elliott, Jr., Attorney for Contestee. 

Chisolms Landing Precinct, 

Beaufort County, S. C., January 28, 1897. 

Present: J. I. Washington, esq., attorney for contestant, and W. Elliott, jr., esq., 
attorney for contestant. 

The examination of witnesses begun at 12, noon. 

LONDON BRIYARD, sworn, testifies: 

Q. What is your name, age, occupation, and place of residence?—A. London 
Briyard; 21; farming; Chisolm’s Landing precinct. 

Q. Did you apply for a registration certificate under the new constitution; and if 
so, when and to whom?—A. Yes, sir; September, the first Wednesday; Mr. Verdier 
and Mr. Berg. 

Q. Where was their office at ?—A. The court-house. 

Q. At the court-house, where?—A. Beaufort. 

Q. Did they give you a certificate; and if not, what reason did they give you for 
refusing?—A. No; for missing a word. 

Q. Can you write?—A. No, sir. 

Q. Can you read?—A. A little. 

Q. How many words did they claim you missed?—A. One. 

Q. Where were you on the 3d day of November last—election day?—A. At the 
Chisolms Landing poll. 

(Counsel for contestee moves that the above testimony be stricken out, because 
there is no allegation in the notice of contest with reference to this precinct, and no 
charge that any person at this precinct was entitled to registration who was not 
registered.) 

Q. Did you ofter to vote at the Federal poll on that day; and if so, were you 
allowed to vote?—A. Yes, but not allowed to vote. 


MURRAY VS. ELLIOTT. 241 

Q. Who prevented you from voting?—A. I had no registration certificate and the 
managers prevented me. 

Q. If you had been allowed to vote, for whom would you have voted for for Con¬ 
gressman from this district?—A. Murray. 

Cross-examined: 

Q. W hat section of the constitution did the registration officers give you to read ?— 
A. I don’t remember it now. 

Q. Who were the managers for the Federal poll at this precinct?—A. Daniel Klein 
and Dr. Griffin. 

Q. Is Daniel Klein a white man or a colored man?—A. A colored man. 

Q. Is he a Democrat or a Republican?—A. I don’t know. 

Q. Can you read section 8 of article 3 of the present constitution of this State, 
which I now hand you? 

(Counsel for contestant objects to the question on the ground that this examina¬ 
tion is not for the purpose of testing the educational qualification of the witness; and 
if he should read, the attorney for the contestee nor the notary are authorized judges 
of his qualification.) 

A. I don’t want to read now. 

Q. Can you explain what “eminent domain” means. 

(Counsel for contestant enters the same objection as above.) 

A. I don’t feel like it. 

London Briyard. 

Sworn to and subscribed before me this 28th day of January, 1897. 

[seal.] Macon B. Allen, Notary Public. 

BOSON WASHINGTON, sworn, testified: 

Q. What is your name, age, occupation, and place of residence?—A. Boson 
Washington; 60; farming; right here in Keans Neck. 

Q. Do you hold a registration certificate under the new constitution?—A. No, sir; 
I didn’t get it. 

Q. Did you apply for one; and if so, to whom and when?—A. Yes; to Beaufort, 
at the registration office; September, time of the court.. 

Q. Why did you not get your certificate?—A. I was there two days, and didn’t 
get any chance to get it; couldn’t get in. 

Q. How far do you live from Beaufort?—A. Twenty miles. 

Q. Where were you on the 3d of November, last election day?—A. Right up here 
at the polls. 

Q. Did you offer to vote at the Federal poll on that day; and if so, were you 
allowed to vote?—A. Yes, sir; but was not allowed to vote. 

Q. Who prevented you from voting, and what reason was given?—A. The mana¬ 
gers of election; because I didn’t have the new register. 

Q. If you had been allowed to vote, for whom would you have voted for for Con¬ 
gressman from this district?—A. Geo. W. Murray. 

Cross-examined: 

Q. What floor of the court-house was the registration office on?—A. On left-hand 
side coming in. 

Q. Did you go in the east, west, or south door?—A. I went in the east door. 

Q. Who was the Republican candidate for the United States House of Repre¬ 
sentatives from this district at the last election?—A. I don’t know. 

Q. For what office did H. A. Hobart run for at the last election?—A. I don’t know. 

Q. Can you read?—A. Yes, sir; a little. 

Q. Can you read section 1 of article 15 of the present constitution of this State, 
which I now hand you? 

(Counsel for contestant objects to the question upon the same ground as that in 
the testimony of London Briyard.) 

A. No, sir. 

Q. Can you explain what “'penal and charitable institutions” mean?—A. No, sir. 

Redirect: 

Q. What office did George W. Murray run for at the last election?—A. Congress¬ 
man. 

Q. What office did William Elliott run for at the last election?—A. Congressman. 

Boson Washington. 

Sworn to and subscribed before me this 28th day of January, 1897. 

Macon B. Allen, Notary Public. 


[SEAL.] 

17745 - 16 



242 


MURRAY VS. ELLIOTT. 


RICHARD J. CARR sworn, testified: 

Q. What is your name, age, occupation, and place of residence?—A. Richard J. 
Carr; 32; farming; Dale. 

Q. Where were you on the 3d day of November last, election day?—A. Right 
here. 

Q. Did you vote at the Federal poll on that day?—A. Yes. 

Q. What time did you go there, and how long did you remain ?—A. About 9 o'clock, 
and remained there till after 4. 

Q. What were you doing there during the day?—A. Taking affidavits. 

Q. Do you recognize these as the affidavits taken by you on that day [hands 
affidavits to witness] ?—A. Yes. 

(Counsel for contestant offers in evidence the affidavits marked “ Exhibit C.” 

Counsel for contestee objects to the introduction of the affidavits on the following 
grounds: 1. Because the affiants themselves are the proper witnesses to testify. 2. 
Because they are not in response to any allegation in the notice of contest. 3. Be¬ 
cause contestee is deprived by this testimony of the right of cross examination as to 
the affiants.) 

R. J. Carr. 


Sworn to and subscribed before me this 28th day of January, 1897. 

[seal.] Macon B. Allen, Notary Public. 


Exhibit C. 

Blank No. 2. 

State of South Carolina, Beaufort County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct Chisolm Landing, of Ward —, and legally qualified to register and 
vote therein, did, on this the 3d day of November, 1896, present himself at the 
said voting precinct to vote for George W. Murray, the Republican candidate for 
Congress in the First district of said State, desiring and intending to vote for the 
said George W. Murray, and, upon his attempting to so vote, was denied the right to 
so vote, and his vote, thus offered to the proper officers, was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and further states that if he had been permitted to register and to vote 
at said election he would have voted for the said George W. Murray, the Republican 
candidate for Congress in said district. 

George (his x mark) Cato. 

Witnesses: 


Personally appeared before me and made oath that the above statement is correct. 

R. J. Carr, Notary Public. 

Dale, S. C., November 3, 1896. 

[Sixty-three affidavits, same as above, all taken before R. J. Carr, notary public, 
filed with this exhibit.] 


Blank No. 1. 

State of South Carolina, Beaufort County: 

This certifies that the undersigned, being over the age 21, male resident of the 
voting precinct Chisolm Landing, of Ward —, and legally qualified to register and 
vote therein, did, on this the 3d day of November, 1896, present himself at the said 
voting precinct to vote for Geo. W. Murray, the Republican candidate for Congress 
in the First district of said State, desiring and intending to vote for the saidtleo. 
W. Murray, and upon his attempting to so vote, was denied the right to so vote,’and 
his vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for resignation, under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and he further states that if he had been permitted to register amfto 
vote at said election, he would have voted for Geo. W. Murray, the° Republican 
candidate for Congress in said district. 






MURRAY VS. ELLIOTT. 


243 


And the undersigned farther states that he is qualified even under the present 
constitution, as he can read and write, as evidenced by the fact that he signs this in 
his own handwriting. 

Peter Mulligan. 

Witnesses: 

S. S. Dias. 

R. J.Carr. 

Personally appeared before me Peter Mulligan and made oath that the above state¬ 
ment is correct. 

R. J. Carr, Notary Public. 

Dale, S. C., November 3, 1S96. 

[Fifty-eight affidavits same as above, all taken before R. J.Carr, notary public, 
filed with this exhibit.] 

PETER MAXWELL, sworn, testified: 

Q. What is your name, age, occupation, and place of residence?—A. Peter Max¬ 
well; born in 1875; farmer; Sheldon Township. 

Q. Do you hold a registration certificate under the new constitution?—A. No. 

Q. Did you apply for one; and if so, when?—A. Yes; on the 3d of October, 1896. 

Q. Why did you not get one?—A. I was denied. 

Q. To whom did you apply?—A. To the registration officers at Beaufort. 

Q. What reason did they give for denying you a certificate?—A. Missed two words. 

Q. In what mouth in 1875 were you born?—A. June. 

Q. Where were you on last election day?—A. Right here. 

Q. Did you offer to vote at the Federal poll on that day? 

(Counsel for contestee offers same objection as to witness London Binyard.) 

A. I did. 

Q. Did you vote, and if not, who prevented you?—A. No; the managers. 

Q. Why did they prevent you?—A. For not having a certificate under the new 
constitution. 

Q. If you had been allowed to vote for whom would you have voted for for Con¬ 
gressman from this district?—A. George W. Murray. 

Cross-examined: 

Q. Can you read?—A. Yes. 

Q. Who was the Republican candidate for Vice-President at the last election?—A. 
I don’t know. 

Q. Who was the candidate of the Republican party at the last election from this 
district for the United States House of Representatives?—A. S. S. Deas. 

Q. Will you read section 12 of article 2 of the present constitution of the State, 
which I now hand to you? 

(Counsel for contestant objects to the question on the same ground as to the testi¬ 
mony of London Briyard.) 

A. No. 

Redirect: 

Q. For what office did Geo. W. Murray run at the last election?—A. Congressman. 

Q. For what office did S. S. Deas run at the last election?—A. For the house of 
representatives. 

Q. Did S. S. Deas run for Congressman from this district, or as a representative to 
the State legislature? 

(Counsel for contestee objects to witness being asked leading questions.) 

A. Representative to the State legislature. 

Peter E. Maxwell. 

Sworn to and subscribed before me this 28th day of January, 1897. 

[seal.] Macon B. Allen, Notary Public. 

ANTHONY M. BARNWELL, sworn, testifies: 

Q. What is yonr name, age, occupation, and place of residence?—A. Anthony M. 
Barnwell; 43; farmer; Cotton Hope plantation, Chisoms Landing precinct. 

Q. Have you a registration certificate under the new constitution?—A. No. 

Q. Did you apply for one; and if so, when and to whom did you apply?—A. I did; 
first Monday in September; court week, I think; to the board of registration at 
Beaufort. 

(Counsel for contestee makes the same objection as to the witness London Briyard.) 

Q. Did you get such a certificate?—A. No. 


244 


MURRAY VS. ELLIOTT. 


Q. What reason, if any, did the registration officers give for refusing?—A. Said I 
missed one word. 

Q. Did you read the section of the constitution they gave you?—A. I did. 

Q. How long have you been a voter of this precinct?—A. About twenty-one or 
twenty-two years, I think. 

Q. Where were you on last election day?—A. Here, at the poll. 

Q. Did you offer to vote at the Federal poll on that day; and if so, were you 
allowed to vote?—A. Yes; but the managers would not allow me. 

Q. If you had been allowed to vote, for whom would you have voted for Congress¬ 
man from this district?—A. G. W. Murray. 

Cross-examined: 

Q. Had you paid your poll tax when you applied for registration?—A. Yes. 

Q. Please explain the meaning of “eminent domain?”—A. No; I will not. 

Anthony M. Barnwell. 

Sworn to and subscribed before me this 28th day of January, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 

Adjourned at 4.30 p. m. 

State of South Carolina, County of Beaufort: 

I, Macon B. Allen, a notary public in and for the State of South Carolina, do 
hereby certify that the deponents herein mentioned and duly summoned, to wit: 
London Binyard, Boston Washington, R. J. Carr, Peter Maxwell, and Anthony M. 
Barnwell, and produced by contestant, personally appeared before me at Kains 
Neck, Chisolms Landing precinct, in the county of Beaufort, and within the Con¬ 
gressional district aforesaid, on the 28th day of January, 1897, and after being duly 
sworn to speak the truth, and nothing but the truth, in the matter of the said con¬ 
tested election, gave and subscribed the foregoing depositions; that I caused the 
testimony of said deponents, with the questions propounded by both contestant and 
contestee, to be reduced to writing, and in the presence of the witnesses and coun¬ 
sels, respectively, and caused said testimony to be carefully read to deponents before 
the same was subscribed by them, and I further certify that each and every erasure, 
substitution, and interlineation that appear in any part of the records of the fore¬ 
going depositions were made, substituted, or interlined in the presence of deponents, 
and before such depositions were subscribed by them or him. 

Witness my hand and seal this 26th day of April, 1897. 

[seal.] Macon B. Allen, Notary Public. 

Notice to take depositions. 

To William Elliott, Contestee: 

You will please take notice that the undersigned will, at Paris Island, in the county 
of Beaufort, State aforesaid, on Saturday, the 30th day of January, 1897, at 11 o’clock 
a. in., before Macon B. Allen, a notary public in and for the State of South Carolina, 
examine and take testimony of the witnesses whose names are hereto annexed, in 
relation to and touching the issues involved in the above case, and that said exami¬ 
nation will continue from day to day until the same shall be completed: R. B. Rob¬ 
inson, H. S. Scott, Alex Heyward, Charley Heyward, B. B. Bryant, Paul Wright, jr., 
W. P. Mattis, Samuel Bennett, Geo. S. Green, Sam Middleton, Sam Gilliard, Mack 
Bee, William Janrett, and Shad well Frazier, all residents of Paris Island precinct, 
county of Beaufort and State of South Carolina. 

Dated at Beaufort, S. C., January 27, 1897. 

J. I. Washington, 

Attorney for Geo. W. Murray, Contestant. 

Service accepted this 27th day of January, 1897, at Beaufort, S. C. 

Wm. Elliott, Jr., 

Attorney for Contestee. 

Paris Island Precinct, Beaufort County, S. C., 

January 30, 1897. 

Present: J. I. Washington, esq., attorney for contestant, and William Elliott, jr., 
esq., attorney for contestee. 

Examination begun at 1 oclock p. m. 

GEORGE S. GREEN, sworn, testified: 

Q. Name, age, occupation, and place of residence,—A. George S. Green; 37 years; 
farmer; Habershaw, Paris Island. 


MURRAY VS. ELLIOTT. 


245 


Q. Are you a registered voter of this precinct; and if so, how long? 

(Counsel for contestee objects to all testimony as to this precinct on the ground 
that there is no allegation in the notice of contest as to this precinct.) 

A. I have been for sixteen years until the new constitution went into effect. 

Q. Did you apply for a registration certificate under the new constitution; and 
if so, did you get one?—A. Yes; but I did not get one. 

Q. Why did you not get one?—A. I lost my tax receipt and they would not regis¬ 
ter me. 

Q. When did you pay your taxes?—A. In January, 1896. 

Q. Did you make any attempt to get a duplicate receipt, or a certiiicate from the 
treasurer that you had paid; and if so, with what result?—A. Yes; I made three 
efforts, but the trasurer refused each time. 

Q. When did you apply for your registration certiiicate, and to whom?—A. I 
applied the first time in the month of July; the second time in the month of August; 
the third time in the month of September, to the board of registration in Beaufort, 
at the court-house. 

Q. What, if anything, was your occupation besides farming?—A. School-teacher 
for nine years in the public schools in the county. 

Q. What grade of teacher’s certiiicate did you hold?—A. Second grade. 

Q. Where were you on last election day?—A. At the polls at this precinct. 

Q. Did you offer to vote at the Federal poll on that day, and for whom would you 
have voted for Congressman from this district?—A. Yes; and would have voted for 
Geo. W. Murray. 

Q. Who prevented you from voting?—A. The managers. 

Q. What has been the number of Republican and Democratic votes polled here 
previous to last election?—A. From 50 to 70 Republican votes, and never more than 
9 Democratic votes. 

Q. Do you know how many Republicans are registered at this precinct under the 
new law?—A. Six. 

Cross-examination: 

Q. To whom did you apply for a duplicate tax receipt?—A. To the county treas¬ 
urer—I forget his name—Joe Reed. 

Q. In what part of the court-house was his office?—A. On the east side, between 
the sheriff’s and the auditor’s offices—I mean the clerk of court and auditor. 

Q. When did you apply?—A. In the month of July. 

Q. Who was in the office when you applied?—A. Pollitzer, Charlie Heyward, and 
the treasurer himself. 

Q. Did you have a tax receipt at anv time when you applied for registration?— 
A. No. 

Geo. S. Green. 

Sworn to and subscribed before me this 30th day of January, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public . 

H. S. SCOTT, sworn, testified: 

Q. What is your name, age, occupation, and place of residence?—A. II. S. Scott; 
38 years; merchant; Eddings, Paris Island. 

Q. For how many years have you been a voter of this precinct?—A. From 1878. 

Q. Do you hold a registration certificate under the new constitution; and if not, 
why not?—A. No. I applied to the board of registration at Beaufort, but they 
refused to give me a certificate because they claimed I missed one word in section 7, 
which they gave me to read. 

Q. When did you apply?—A. First Monday in June. 

Q. How long have you been a merchant on this island?—A. Fourteen years. 

Q. Where were you on the 3d day of November last—the day ot election ?—A. I 
was at the Paris Island polls. 

Q. Did you offer to vote at the Federal poll; and if so, were you allowed to vote?— 
A. Yes; but the managers would not let me vote because I had no certificate. 

Q. It you had been allowed to vote for whom would you have voted for Congress¬ 
man from this district?—A. George W. Murray. 

Cross-examination: 

Q. Can you read?—A. Yes. 

Q. Can you read section 12 of article 2 of the present constitution ot this State, 
which I now hand you?—A. I am not particular about reading it now. 

Q. Can you explain what “judicial department” means?—A. No. 

H. S. Scott. 

Sworn to and subscribed before me this 30th day of January, A. D. 1897. 

f seal.] Macon B. Allen, Notary Public. 


246 


MURRAY VS. ELLIOTT. 


SHADWELL FRAZIER, sworn, testifies: 

Q. What is your n;une, age, occupation, and place of residence?—A. Shad well 
Frazier; 54; farmer; Mean’s plantation, Paris Island. 

Q. For how many years have you been a voter of this precinct?—A. About twenty- 
five years. 

Q. Do you hold a certificate under the new constitution?—A. No. 

Q. Did you apply for one; and if so, when and to whom?—A. Yes; to the regis¬ 
tration board at Beaufort, in September last. 

Q. What reason did they give for refusing to give you one ?—A. I didn’t have my 
tax receipt. 

Q. Did you pay your tax; and if so, when?—A. Yes; in January, 1896. 

Q. What became of your receipt?—A. I lost it. 

Q. Did you go to the Federal poll on election day and offer to vote; and if so, were 
you allowed to vote?—A. Yes; but they rejected me; the managers rejected me. 

Q. If you had been allowed to vote for whom would you have voted for Congress¬ 
man from this district?—A. George W. Murray. 

Q. About how many Republican and Democratic votes were generally polled at 
this preciuct prior to the last election?—A. From 60 to 70 Republican votes and 
about 6 Democratic votes. 

Q. How many registered Republican votes are there now on this island?—A. 
About 6. 

Cross-examination: 

Q. Can you read?—A. Yes, sir. 

Q. Can you read section 11 of article 10 of the present constitution of this State, 
which I now hand you?—A. I have read it once, but won’t read it to-day. 

Q. Can you explain the meaning of the following: “The house of representatives 
shall have the sole power of impeachment?”—A. No. 

Shadwell Frazier. 

Sworn to and subscribed before me this 30th day of January, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 

ALEX HAYWARD, sworn, testifies: 

Q. What is your name, age, occupation, and place of residence?—A. Alex Hay¬ 
ward; 35; farmer; Habersham plantation, Paris Island. 

Q. How long have you been a voter at this precinct?—A. About eight years. 

Q. Do you vote on a certificate under the new constitution ?—A. No. 

Q. Did you apply for such a certificate; and if so, when?—A. Yes; on the first 
Monday in August, at Beaufort, to the board of registration. 

Q. Did you get a certificate; and if not, why not?—A. No; they objected me 
because I lost my tax receipt. 

Q. When did you pay your tax?—A. In November, 1895. 

Q. Where were you on the 3d day of November last, election day?—A. At the 
polls at Fuller’s Hall. 

Q. Did you offer to vote at the Federal poll? Were you allowed to vote; and if 
not, who denied you the right to vote?—A. I did, sir; no; B. T. Young; he was 
manager. 

Q. If you had been allowed to vote for whom would you have voted for Congress¬ 
man from this district?—A. George W. Murray. 

Q. What reason did the managers give for refusing you the right to vote?—A. 
Because I had no certificate. 

Cross-examined: 

Q. Can you read?—A. I can. 

Q. Can you read section 8, article 3 of the present constitution of this State, which 
I now hand to you? 

(Counsel for contestant objects to the question on the ground that this examina¬ 
tion is not for the purpose of testing the educational qualification of the witness, and 
that neither the counsel for the contestee nor the notary public are authorized judges 
of the witness’ ability to read.) 

A. I don’t care to read; I have been up to read and they wouldn't let me. 

Q. Can you explain the meaning of the following: “Municipal corporations and 
police regulations? ”—A. I won’t do either one. 

Q. Is B. T. Young a white man or a colored man?—A. A colored man. 

Alex Hayward. 

Sworn to and subscribed before me this 30th day of January, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 


MURRAY VS. ELLIOTT. 


247 


PAUL WRIGHT, Jr., sworn, testifies: 

Q. What is your name, age, occupation, and place of residence?—A. Paul Wright, 
jr.; 25: farmer; Mean’s place, Paris Island. 

Q. Did you get a registration certificate under the new constitution?—A. No. 

Q. Did you apply for one; and if so, when?—A. Yes; in September. 

Q. Io whom did you apply?—A. To the office in the court-house, just before the 
tax office closed. 

Q. Why did you not get a certificate?—A. Because I had the constitution to read, 
and while I was reading it they took it from me, saying I couldn’t read it. 

Q. You can read, can you not? 

(Counsel tor contestee objects to leading question and makes the same objection 
to witness as to Geo. S. Green.) 

A. Yes; I can read. 

Q. Did you otter to vote at the Federal poll at the last election; and if so, were 
you allowed to vote?—A. Yes; but they did not let me vote. 

Q. It you had been allowed to vote for whom would you have voted for Congress¬ 
man from this district?—A. George W. Murray. 

Cross-examined: 

Q. Can you read section 6 of article 5 of the present constitution of this State, 
which I now hand to you?—A. Yes; no, I won’t read. 

Q. Who was the candidate of the Republican party for the United States House 
of Representatives at the last election?—A. I don’t know. 


Redirect: 


Q. What Republican ran for Congressman at the last election?—A. George W, 
Murray. 


Paul Wright, Jr. 


Sworn to and subscribed before me this 30th day of January, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 


W. P. MATTIS, sworn, testifies: 

Q. What is your name, age, occupation, and place of residence?—A. W. P. Mat- 
tis; 34; farming; Means Plantation, Paris Island. 

Q. Do you hold a certificate under the new constitution?—A. No. 

Q. Did you apply for one; and if so, when and to whom?—A. Yes; in August at 
the court-house in Beaufort. 

Q. What reason did they give for refusing you a certificate?—A. They said I could 
not read the constitution. 

Q. Did you offer to vote at the Federal poll on last election day; and if so, were 
you allowed to vote?—A. Yes; I ottered, but was objected. 

Q. If you had been allowed to vote, for whom would you have voted for Con¬ 
gress?—A. George W. Murray. 

Cross-examination: 

Q. What day did you apply for registration in August?—A. First Monday in 
August. 

Q. Who else applied that day?—A. I don’t know; many more besides myself. 

Q. Can’t you mention one of them?—A. No. 

Q. In what part of the building was the registration office?—A. Upstairs. 

Q. Can you read section 18 of article 5 of the present constitution of this State, 
which I now hand to you?—A. I suppose I can; I will read it if you give me my 
certificate. 

Q. Will you read it now?—A. No. 

Q. Did you appeal from the decision of the board of registration?—A. No. 

W. P. Mattis. 

State of South Carolina, County of Beaufort: 

Sworn to and subscribed before me this 30th day of January, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 


B. B. BRYAN, sworn, testifies: 

Q. Name, age, occupation, and residence.—A. B. B. Bryan; 40; farming; Paris 
Island 

Q. Did you vote at the last election?—A. Because I was rejected because I had no 
certificate. 

Q. Did you ever apply for a certificate? When?—A. Yes; first Monday in Sep¬ 
tember. 


248 


MURRAY VS. ELLIOTT. 


Q. Why did they refuse you ?—A. Said I couldn’t read the constitution. 

Q. For whom did you intend to vote for Congress?—A. George W. Murray. 

Cross-examined: 

Q. Had you paid your poll tax when you applied for registration?—A. Yes. 

Q. Who else applied the same day as you?—A. No one else. I went up on the 
train. 

Q. What section of the constitution did they give you to read?—A. I forget. 

Q. Can you read section 7 of article 11 ot the present constitution of this State, 
which I now hand you?—A. Yes, sir; no, I won’t read it. 

B. B. Bryan. 

Sworn to and subscribed before me this 30th day of January, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 

Adjourned at 4 p. m. 

State of South Carolina, 

County of Beaufort, in the First Congressional District: 

I, Macon B. Allen, a notary public in and for the State of South Carolina, do 
hereby certify that the deponents herein mentioned and duly summoned, to wit, Geo. 
S. Green, H. S. Scott, Sbadwell Frazier, Alex. Heyward, Paul Wright, W. P. Mattis, 
and B. B. Bryan, and produced by contestant, personally appeared before me at 
Paris Island, in the county of Beaufort, and within the Congressional district afore¬ 
said, on the 30th day of January, 1897, and, after being duly sworn to speak the 
truth, and nothing but the truth, in the matter of the said contested election, gave 
and subscribed the foregoing depositions; that I caused the testimony of said 
deponents, with the questions propounded by both contestant and contestee, to be 
reduced to writing, and in the presence of the witnesses and counsels, respectively, 
and caused said testimony to be carefully read to deponents before the same was 
subscribed by them; and 1 further certify that each and every erasure, substitution, 
and interlineation that appears in any part of the foregoing depositions were made, 
substituted, and interlined in the presence of deponents and before such depositions 
were subscribed by them or him. 

Witness my haud and seal this 26th day of April, 1897. 

[seal.] Macon B. Allen, Notary Public. 


Notice to take depositions. 

To William Elliott, Contestee: 

You will please take notice that the undersigned will, at Gardners Corner, in the 
county of Beaufort, State aforesaid, on Monday, the 1st day of February, 1897, at 
11 o’clock a. m., before Macon B. Allen, a notarj r public in and for the State of South 
Carolina, examine and take testimony of the witnesses whose names are hereto 
annexed in relation to and touching the issues involved in the above case, and that 
said examination will continue from day to day until the same shall be completed: 
Edward Bobian, Charles Bobian, S. J. Hamilton, Thomas Jenkins, Toby Hamilton, 
D. S. Brown, Prince Harbersham, J. P. Polite, Joe Smalls, P. A. Jenkins, Saul Jen¬ 
kins, Sam Polite, Francis Rutledge, aud S. L. White, all residents of Gardners Cor¬ 
ner precinct, county of Beaufort and State of South Carolina. 

Dated at Beaufort, S. C., January 29, 1897. 

J. I. Washington, 

Attorney for George TV. Murray, Contestant. 

Service accepted this 29th January, 1897, at Beaufort, S. C. 

Wm. Elliott, Jr., Attorney for Contestee. 

Gardners Corner Precinct, 
Beaufort Comity, S. C., February 1, 1897. 

The examination of witnesses was begun at 11 a. m. 

Present: J. I. Washington, esq., attorney for contestant, and William Elliott, 
jr., esq., attorney for contestee. 

SAMUEL POLITE, sworn, testifies: 

Q. What is your name, age, occupation, and place of residence?—A. Samuel Polite; 
58; farmer; Dr. Jenkins’s place, Hickory Hill, Gardners Corner precinct. 

Q. How long have you been a registered voter of this precinct?—A. Since we were 
allowed to vote. 


MURRAY VS. ELLIOTT. 


249 


Q. Do you bold a certificate under the new constitution?—A. No. 

Q. Did you apply for one; and if so, when and to whom? 

(Counsel for contestee objects to the question and all similar questions, on the 
ground that there is no allegations as to the registration of voters of this precinct 
and the election held at this precinct, and moves that all such testimony be stricken 
out.) 

A. Yes; first Monday in September, in Beaufort, at the court-house, to the board of 
registration. 

Q. What reason did they give for refusing you your certificate?—A. Because I 
didn’t pronounce a certain word. 

Q. Had you paid your taxes before applying for your certificate; and if so, did 
you present your receipt to the board?—A. Yes; and presented my receipt to the 
hoard. 

Q. Where were you on the 3d day of November last, the day of election?—A. Right 
here at Gardners Corner. 

Q. Did you offer to vote at the Federal poll on that day; and if so, were you allowed 
to vote?—A. Yes; but was not allowed to vote. 

Q. Who prevented you from voting?—A. The managers. 

Q. If you were allowed to vote, for whom would you have voted for Congressman 
from this district?—A. Mr. Murray. 

Q. State, if you know, about how many Republican votes were generally polled at 
this precinct prior to the last election.—A. From 500 to 600 before this constitution 
came out, and the votes were ent down to 300. 

Q. Do you know how many registered votes there were at this precinct at the last 
election?—A. About sixteen, as near as I can get to it, at the last election. 

Cross-examination: 

Q. How many votes did William Elliott get in 1894 at this precinct?—A. I really 
couldn’t tell. 

Q. How many did George W. Murray get?—A. I really couldn’t tell. 

Q. What section did the officers of registration give you to read?—A. Section 9. 

Q. Of what article?—A. I have forgotten now. 

Q. Who were the managers at the Federal poll?—A. Mr. Reed and B. C. Adams. 

Q. Were there only two managers?—A. Only two there at the time. 

Q. Wasn’t one of the managers named Polite?—A. Yes. He was outside on the 
step. 

Q. Is he a white man or a colored man?—A. A colored man. 

Q. Can you read section 6 of article 10 of the present constitution of this State? 

(Counsel for contestant objects to the question, on the ground that this examination 
is not for the purpose of testing the educational qualification of the witness.) 

A. I refuse to read it. 

Q. I hand you the constitution. Can you read it?—A. I refuse to read it. 

Q. Can you explain what ‘‘municipal corporations” are?—A. I refuse to explain it. 

Samuel Polite. 

Sworn to and subscribed before me this 1st day of February, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public . 

J. P. POLITE, sworn, testifies: 

Q. What is your name, age, occupation, and place of residence?—A. J. P. Polite; 
61; farmer; New Road, Colonel Davis’s plantation, Sheldon precinct. 

Q. How long have you been a voter of this precinct?—A. Ever since I have been 
allowed to vote. 

Q. About how many years?—A. Since somewhere about 1866 or 1867. 

Q. Do you hold a certificate under the new constitution?—A. No. 

Q. Did you apply for one; and if so, when and to whom? 

(Counsel for contestee offers the same objection to this testimony as to that of 
Samuel Polite.) 

A. Yes; in the month of June, but I don’t know the date; to one Mr. Peck and 
one Mr. Verdier. 

Q. Where were they when you applied for your registration certificate?—A. In the 
office at Tomotley. 

Q. Can you read?—A. Yes; but I will not read now. 

Q. Why did they not give you your certificate?—A. On the word of “ corpus. 

Q. What do you mean by that?—A. I pronounced it “ corpse,” and he said it was 

“corps.” . 

Q. And upon your failure to pronounce that one word correctly you were denied 

the right to register and to vote? 

(Counsel for contestee objects to the question as leading.) 

A. Yes, sir. 


250 


MURRAY VS. ELLIOTT. 


Q. Did you offer to vote at the last election at the Federal poll; and if so, were 
you allowed to vote?—A. Yes; hut was not allowed to vote by the managers. 

Q. If you had been allowed to vote, for whom would you have voted for for Con¬ 
gressman from this district?—A. Mr. Murray. 

Q. How long did you remain at the polls that day?—A. I remained at the polls till 
they were closed. 

Q. State, if you know, about how many Republican votes were generally polled 
at this precinct prior to the last election.—A. From 300 to 400, and sometimes 500. 

Q. State, if you know, about how many Republicans are registered at this pre- 
oinct under the new constitution.—A. I think about 20 or 22. 

Q. About how many Republicans, if you know, came to the polls on last election 
to vote?—A. I think about 400 that day. 

Cross-examination: 

Q. What was the relative vote between the two candidates at last election? 

(Counsel for contestant objects to the question, on the ground that the managers’ 
returns are the best evidence.) 

A. 1 don’t understand you. 

Q. How many votes did George W. Murray get at last election?—A. I think about 
20 or 22. 

Q. How many did William Elliott get?—A. About 10. 

Q. How many did George W. Murray get in 1894?—A. I don't know. 

Q. How many did William Elliott get?—A. I don’t know. 

Q. How many votes did George W. Murray get at this precinct in 1892?—A. I 
don’t know. 

Q. How many votes did Moise get at this precinct in 1892? 

(Counsel for contestant objects to this line of questions, on the ground that the 
records of the several elections are the best evidence, and that these questions are 
irrelevant and foreign to the issue.) 

A. I don’t know. 

Q. How is it, then, that you swear so recklessly as to the number of votes usually 
cast at this precinct when you can not tell a single vote since 1890?—A. When I got 
my register I stayed on Newport plantation, Combahee Ferry, and then I left from 
there, and from since then Mr. W. F. Colcock was a manager, and he would not 
let me vote that register because I got it and I was staying at Newport; and now I 
stay on the New Koad, Colonel Davis’s plantation, aud wouldn’t let me vote on that 
register. He said I must get a register for New Road; aud that is my reason. I can 
not tell who has been on the field and how much voted for them. 

Q. Don’t you know, as a matter of fact, that at the last election George W. Murray- 
received less than 60 votes at this poll and that William Elliott received more 
t ban 150 ? 

(Counsel for contestant objects to the question on the ground (1) that the ques¬ 
tion is misleading and (2) is asked for the purpose of coufusiug the witness, the 
witness having already sworn that Geo. W. Murray received about twenty or twenty- 
two votes, and that Wm. Elliott received about ten votes.) 

Q. I refer to the election of 1894.—A. No, sir; I don’t know that. 

Q. What section of the constitution did the officers of registration ask you to 
read?—A. Section 8, article 9. 

Q. Please explain what an “ industrial college” is.—A. No, I won’t explain. 

Q. How far is Toinotley from Gardners Corner?—A. Between four and five miles. 

Q. Please explain the difference between ‘‘ corpse” and “corps.” 

(Counsel for contestant objects on the same grounds as that of similar questions in 
the examination of Samuel Polite.) 

A. 1 refuse. 

Q. Do you know the difference between the two? 

(Counsel for contestee insists that attorney for contestant shall not give the 
answer for the witness. 

Counsel for contestant contends he does not answer for witness, but insists that 
while witness answers the question his answer must he recorded as given by him. 

Counsel for contestee insists that witness will give his own answer and not have 
it repeated and corrected by attorney for contestant.) 

A. A “corps” is a regiment of soldiers and “corpse” is a dead body. 

Q. Please explain what “municipal corporations and police regulations” mean. 

(Counsel for contestant objects to the question on the ground that it is irrelevan t 
and is merely propounded by counsel for contestee to consume valuable time aud to 
prevent the examination of other witnesses who are present aud anxious to get away.) 

A. No, sir. 

Q. Have you not studied section 8 of article 11 since it was given you to read by 
the registration officers?—A. No, sir. 


MURRAY VS. ELLIOTT. 251 

Q. Can you read section 12 of article 2 of the present constitution of this State, 
which I now hand you?—A. I refuse to read now. 

J. P. Polite. 

Sworn to and subscribed before me this 1st day of February, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public . 


PRINCE HABERSHAM, sworn, testifies: 

Q. What is your name, age, occupation, and place of residence?—A. Prince Haber¬ 
sham; 37; farmer; Bull Point plantation, Sheldon Township. 

Q. Are you a voter of this precinct; if so, for how many years have you been one?— 
A. I was a voter at this precinct sixteen years. 

Q. Do you hold a certificate under the new constitution?—A. No. 

Q. Did you apply for one; and if so, when and to whom?—A. Yes, in June sometime, 
1896, to Mr. Verdier and Mr. Peck, at Tomotley. 

Q. Why did they not grant you your certificate?—A. Said the reading was not 
correct. 

Q. Was that the only reason they gave for refusing to grant you a certificate?—A. 
I asked them to show me my mistake. They said my mistake was reading too fast. 

Q. Where were you on the 3d of November last, election day?—A. At Gardners 
Corner. 

Q. Did you offer to vote at the Federal poll; and if so, were you allowed to vote?— 
A. Yes; but not allowed by the managers to vote. 

Q. If you had been allowed to vote, for whom would you have voted for Congress¬ 
man from this district?—A. Mr. Murray. 

Q. Had you paid your taxes; and if so, did you present your poll-tax receipt when 
you applied for your certificate?—A. Yes. 

Cross-examination; 

Q. Who was the Republican candidate for the United States House of Representa¬ 
tives from the First Congressional district of this State at the last election?—A. I 
don’t remember, sir. 

Q. Can you read section 29 of article 3 of the present constitution of this State, 
which I now hand you?—A. No, sir; I refuse to read it. 

Q. Can you explain what the “jurisdiction of magistrates” means?—A. No. 

Q. Can you tell what section of the constitution was given you by the officers of 
registration to read?—A. Section 8. 

Q. Of what article?—A. I have forgotten the article. 

Redirect: 

Q. For what office at the last election did George W. Murray run?—A. He run for 
Congress. 

Q. For what office did William Elliott run at last election?—A. He run for Con¬ 
gress. 

Q. Who was the Republican candidate for that office?—A. George W. Murray. 

P. Habersham. 

Sworn to and subscribed before me this 1st day of February, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public . 

SAMUEL J. HAMILTON, sworn, testified: 

Q. What is your name, age, occupation, and place of residence?—A. Samuel J. 
Hamilton; 43; farming; on Tom Rhodes’s plantation, near Gardner Corner. 

Q. Do you hold a certificate under the new constitution?—A. No. 

Q. Did you apply for one; and if so, when and to whom?^-A. Yes; on the lltli 
day of June, 1896, at Tomotley, to Mr. Peck and Mr. Verdier. 

Q. What reason did they give for refusing to grant you a certificate?—A. Said I 
didn’t read the section correctly. 

Q. Can you read?—A. Yes. 

Q. Was that the only reason they gave?—A. That was the only reason; they said 
I didn’t read correctly. Mr. Peck turned to Mr. Verdier and said I hadn’t read it 
correctly. 

Q. Did you present your tax receipt to them?—A. Yes; I did. 

Q. Did yon offer to vote at the Federal poll at the last election?—A. Yes. 

Q. Were you allowed to vote; and if not, who prevented you?—A. No; the man¬ 
agers prevented me. 

"q. If you had been allowed to vote, for whom would you have voted for for Con¬ 
gressman from this district?—A. George W. Murray. 

Q. How long have you been a voter of this precinct?—A. About twenty years. 


252 


MURRAY VS. ELLIOTT. 


Cross-examination: 

Q. When did you pay your taxes?—A. I paid them in 1896, last year. 

Q. What month?—A. Tenth of December, 1896. 

Q. When did you pay your 1895 taxes?—A. Tenth of December, 1896. 

Q. When did you pay your taxes for the year before that last tax?—A. November, 
1.895. 

Q. What section of the constitution did the registration officers give you to read?— 
A. Eighth section, eleventh article. 

Q. Can you read section 1 of article 11 of the present constitution of the State 
which 1 now hand you?—A. I refuse. 

Sam’l J. Hamilton. 

Sworn to and subscribed before me this 1st day of February, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 

TOBEY HAMILTON, sworn, testifies: 

Q. What is your name, age, occupation, and place of residence?—A. Tobey Hamil¬ 
ton; 53; farmer; Tommy John, Gardner’s Corner precinct. 

Q. Are you a voter of this precinct under the new constitution ?—A. I am a voter, 
but couldn’t vote. 

Q. Do you hold a certificate under the new constitution?—A. No. 

Q. Did you apply for such a certificate; and if so, when and to whom did you 
apply?—A. Yes; in September, before Captain Peck and Mr. Verdier. 

Q. Why did they not give you your certificate?—A. After getting me to read they 
said that I didn’t read it intelligently enough. 

Q. Did they give any other reason for refusing you?—A. None; no more than that 
I didn’t read well enough. 

Q. What did they give you to lead?—A. Section 5, article 6. 

Q. After reading, what, if anything, did they ask you to do?—A. Well, he said, 
old man, I will read for you and you explain the meaning, and he asked me after 
reading, “ what time do a man aspiring for an office become qualified,” and I 
answered him according to my belief and told him “as soon as he can give the 
proper bond as the law required, I believe then he is qualified,” and he said that 
would not do and I came out. 

Q. How long have you been a voter at this precinct?—A. I moved down here Feb¬ 
ruary before last from Pocotaligo. 

Q. Did you offer to vote at the Federal poll at this precinct at the last election?— 
A. Yes. 

Q. Were you allowed to vote; and if not, who prevented you?—A. No; the 
managers. 

Q. If you had been allowed to vote, for whom would you have voted for Con¬ 
gressman from this district?—A. Geo. W. Murray. 

Q. Was Geo. W. Murray the Republican or Democratic candidate for Representa¬ 
tive to Congress from the First district? 

(Counsel for contestee objects to grossly leading questions being asked witness.) 

A. Republican. 

Cross: 

Q. Who is the President-elect of the United States?—A. Cleveland? 

Q. I am asking you.—A. I know the man, but have forgot right now. 

Q. Who has been helping you to study the constitution?—A. No one. 

Q. Have you ever been tried in court for any crime?—A. Never since I have been 
free. 

Q. Were you not tried in Charleston for selling liquor against United States law?— 
A. No. 

Q Explain the following: “In pursuance of appropriations made by law.”—A. 
No more than the same as I have said that a man became qualified for iiis office as 
soon as he gives sufficient bond as the law requires. 

Q. Can yon read section 1 of article 10 of the present constitution of the State 
which I now hand you?—A. I can read but I refuse reading. 

Tobey Hamilton. 

Sworn to and subscribed before me this 1st day of February, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 

FRANCIS RUTLEDGE, sworn, testifies: 

Q. What is your name, age, occupation, and place of residence?—A. Thomas 
Rutledge; 25; farmer; Gardners Corner. 

Q. Do you hold a certificate under the new constitution?—A. No. 


MURRAY VS. ELLIOTT. 


253 


Q. Did yon apply for one; and if so, when and where?—A. Yes; first Monday in 
September at Beaufort. 

Q. Did you get a certificate; and if not, why?—A. I got none, sir; different sound¬ 
ing between one word. 

Q. Can you read?—A. Yes. 

Q. Did they require you to read?—A. Yes. 

Q. What did they require you to read?—A. Section 9, article 5. 

Q. Did you read the section correctly?—A. No. 

Q. What words, if any, did they claim you missed? 

(Counsel for contestee objects to the witness being grossly led.) 

A. “ Compensation.” 

Q. Did you offer to vote at the Federal poll on election day last; and if so, were 
you allowed to vote?—A. Yes; but not allowed to vote. 

Q. Who prevented you from voting?—A. Benj. Adam, O. M. Reed, and Anthony 
Polite, managers. 

Q. For whom -would you have voted for Congressman from this district if you 
were allowed to vote?—A. Geo. W. Murray. 

Cross-examination: 

Q. Did they ask you to explain anything?—A. No. 

Q. Who helped you to study the constitution since you were rejected by the 
registration officers?—A. No one. 

Q. Who taught you to say “compensation?”—A. Mr. Verdier. 

Q. Had you paid your poll tax when you applied for registration?—A. Yes. 

Q. Is Anthony Polite a white man or a colored man?—A. A colored man. 

Q. A Democrat or a Republican?—A. I don’t know. 

Q. Do you swear that the registration officers never asked you to explain any sec¬ 
tion of the constitution after you had tried to read?—A. Only the same section that 
I read. 

Q. Can you read section 1 of article 11 of the present constitution of the State, 
which I now hand you?—A. No. 

Q. Explain the following: “The supervision of public instruction shall be vested 
in a State superintendent of education.”—A. No. 

Redirect: 

Q. Mr. Elliott asked you, “Do you swear that the registration officers never asked 
you to explain any section of the constitution after you had tried to read?” Your 
answer is, “Only the same section that I read.” Please state whether they asked 
you to explain this section, or any part of it, after they said you had missed the 
word “compensation.”—A. They asked me to explain “compensation” after he had 
corrected it, and what the “circuit court” meant. 

Francis Rutledge. 

Sworn to and subscribed before me this 1st day of February, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 

JOSEPH SMALLS, sworn, testified: 

Q. What is your name, age, occupation, and place of residence?—A. Joseph 
Smalls; 37; farming; at Gardners Corner. 

Q. Do you hold a certificate under the new constitution?—A. When I made my 
application for my certificate I didn't get it. 

Q. When did you make application, and to whom?—A. In June; to Mr. Peck and 
Mr. Verdier, at Tomotley. 

Q. Why did they not give you a certificate?—A. They said after they gave me the 
section—article 7, section 1—they said I read too fast. 

Q. Did they request you to do anything else before refusing you?—A. After I read 
he wanted me to explain, aud I say by I read no satisfaction, 1 wouldn’t explain. 

Q. Then you were required by the board to both read and explain?—A. Yes. 

Q. Had you paid your taxes before applying?—A. Yes. 

Q. Did you otter to vote at the Federal poll at the last election; and if so, were 
you allowed to vote?—A. I offered to vote, but was prevented by the managers. 

Q. If you had been allowed to vote, for whom would you have voted for Con¬ 
gressman from this district?—A. Geo. W. Murray. 

Q. How long have you been a voter at this precinct?—A. Since 1891. 

Cross-examination: 

Q. Did I understand you to say that the registration officers rejected you because 
you read too fast or quickly ?—A. Too fast. 

Q. Did you read correctly ?—A. They said not. 

Q. What section of the constitution did they give you to read?—A. Article 7, 
section 1. 


254 


MURRAY VS. ELLIOTT. 


Q. Can you explain the following? u All new counties hereafter found shall bear a 
just apportionment of the valid indebtedness ot an old county or counties of which 
they have been formed.”—A. No. 

Q. Can you read section 6 of article 6 of the present constitution of the State, which 
I now hand you?—A. No, sir. 

Q. Have you paid your poll taxes?—A. Yes. 

Redirect: 

Q. Did you look at the section which you had just been asked to read?—A. No. 

(Counsel for contestee hands witness constitution and requests him to read it. 

Witness did not take the constitution.) 

Jos. Smalls. 

Sworn to and subscribed before me this 1st day of February, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 

D. S. BROWN, sworn, testifies: 

Q. What is your name, age, occupation, and place of residence?—A. D. S. Brown; 
29; teacher; Sheldon. 

Q. Where were you on the 3d day of November last—election day?—A. At Gard¬ 
ners Corner. 

Q. Were you at the Federal poll on that day; and if so, how long were you there?— 
A. I was there all day. 

Q. What were you doing at the poll?—A. I was making out affidavits for G. W. 
Murray. 

Q. How many affidavits, if you remember, did you take that day?—A. One hun¬ 
dred and thirty-two. 

Q. Examine these affidavits and see if they are the same ones taken by you on 
that day. 

(Cousel for contestant hands affidavits to witness.) 

A. They are. 

Q. About how many Republican voters were at the Federal poll on that day and 
offered to vote? 

(Counsel for contestee makes the same objection to this testimony as to that of 
Samuel Polite.) 

A. About 300. 

(Counsel for contestant offers in evidence the affidavits, marked “ Exhibit D.” 

Counsel for contestee objects to the introduction of these affidavits on the follow¬ 
ing grounds: (1) Because the affiants are the proper parties to testify. (2) Because 
they are not in response to any allegation in the notice of contest. (3) Because con - 
testee is by this method of procedure deprived of the right of cross-examination of 
these affiants who are thus made to testify.) 

Cross-examination: 

Q. Did you bring these affidavits here to-day yourself?—A. I did not. 

Q. Who brought them ?—A. I don’t know. 

Q. What did you do with them when you had finished them, on election day?—A. 
A. I delivered them to J. I. Washington, esq. 

Q. Is he not acting as attorney for contestant in this cause?—A. I do not know. 

Q. Is he not the same J. I. Washington, esq., who is now acting as attorney for 
George W. Murray? — A. Yes. 

(Counsel for contestee offers further, and as fourth ground of objection, that it 
appears from the cross-examination that the affidavits are not produced from the 
proper custody.) 

Q. Have you had these affidavits in your possession since you delivered them to J. 
I. Washington, esq.?—A. I have. 

Q. Please state when.—A. To-day. 

Q. Did you sign these affidavits yourself on election day?—A. I did. 

Q. Did you vote on election day?—A. I did. 

Q. For whom did you vote?—A. I voted for the Republicans. 

Q. For whom did you vote for Congress?—A. G. W. Murray. 

Q. Please state whether you are a white man or a colored man.—A. I am a colored 
man. 

Q. Are you a registered voter under the new constitution?—A. I am. 

Q. Who gave you your registration certificate?—-A. The board of registration. 

Redirect: 

Q. How long have you been teaching school?—A. About seven years. 

Q. What grade of certificate do you hold?—A. Second grade. 

Q. Do you know Harry Stewart?—A. I do. 


MURRAY VS. ELLIOTT. 


255 


Q. Do you know what has beeu his profession?—A. Teaching and farming. 

Q. Do you know how he got his registration certificate? 

(Counsel for contestee objects to the question on the ground that the question calls 
for hearsay evidence and is not in reply to anything brought out by the contestee on 
cross-examination.) 

A. I do not. 

D. S. Brown. 

Sworn to and subscribed before me this 1st day of February, A. D. 1897. 

[seal.] Macon B. Allen, 1 Votary Public. 


Exhibit D.—M. B. Allen, N. P. 
Blank No. 2. 


State of South Carolina, Beaufort County : 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct, Gardners Corner, of Ward—, and legally qualified to register and 
vote therein, did, on this, the 3d day of November, 1896, present himself at the said 
voting precinct to vote for Geo. W. Murray, the Republican candidate for Congress 
in the First district of said State, desiring and intending to vote for the said Geo. 
W. Murray, and, upon his attempting to so vote, was denied the right to so vote, 
and his vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register, and further states that if he had been permitted to register and to vote 
at said election, he would have voted for the said Geo. W. Murray, the Republican 
candidate for Congress in said district. 

Solomon (his x mark) Albright. 

Witnesses: 

A. Bowman. 

Adam (his x mark) Giles. 


Personally appeared A. Bowman, and made oath that the above statement is 
correct. 

[l. s.] D. S. Brown, Notary Public. 

Sheldon, S. C., November 3, 1896. 


[Sixty-three affidavits, same as above, all taken before D. S. Brown, notary public, 
filed with this exhibit.] 


Blank No. 1. 


State of South Carolina, Beaufort County: 

This certifies that the undersigned, being over the age 21, male resident of the vot¬ 
ing precinct, Gardners Corner, of Ward —, and legally qualified to register and vote 
therein, did, on this, the 3d day of November, 1896, present himself at the said voting 
precinct to vote for Geo. W. Murray, the Republican candidate for Congress in the 
First district of said State, desiring and intending to vote for the said Geo. W. Mur¬ 
ray, and, upon his attempting to so vote, was denied the right to so vote, and his vote 
thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and he further states that if he had been permitted to register and to 
vote at said election he would have voted for Geo. W. Murray, the Republican can¬ 
didate for Congress in said district. 

And the undersigned further states that he is qualified, even under the present con¬ 
stitution, as he can read and write, as evidenced by the fact that he signs this in his 
own handwriting. 

Elias Izard. 

Witnesses: 

A. Bowman. 

Jos. Hamilton. 

Personally appeared A. Bowman and made oath that the above statement is cor¬ 
rect. 

[ Lt s .] D. S. Brown, Notary Public. 

Sheldon, S. C., November 3, 1896. 

[Sixty-four affidavits, same as above, all taken before D. S. Brown, notary public, 
filed with this exhibit.] 


256 


MURRAY VS. ELLIOTT. 


SAUL JENKINS, sworn, testifies: 

Q. What is your name, age, occupations, and place of residence?—A. Saul Jenkins; 
40; farming; Hickory Hill. 

Q. Do you hold a certificate under the new constitution?—A. No. 

Q. Did you apply for one; and if so, when and to whom?—A. Yes ; in June, to tlie 
board of commissioners. 

Q. Where was the board when you applied, and who were the members of the 
board present? 

(Counsel for contestee objects to this testimony on the same grounds as that to 
the testimony of Samuel Polite.) 

A. Tomotley; one Mr. Verdier, and I don’t know the name of the other. 

Q. Why did they refuse to give you a certificate?—A. On one word. 

Q. What, if anything, did they request you to do?—A. To explain the word 
“ escheat,” and I didn’t know it right off. 

Q. Did they require you to read?—A. Yes. 

Q. Did you read the section they gave you to read?—A. Yes. 

Q. Did they ask you to define the word “escheated” before or after you read?— 
A. After. 

Q. Did you offer to vote at the Federal poll at the last election; and if so, were 
you allowed to vote?—A. Yes; but not allowed to vote. 

Q. Who prevented you from voting?—A. The commissioner, Mr. Reed. 

Q. Where was Mr. Reed when he prevented you?—A. Inside the poll. 

Q. If you had been allowed to vote, for whom would you have voted for Con¬ 
gressman from this district?—A. G. W. Murray. 

Q. Had you paid your taxes before, and did you present your tax receipt to the 
officers when you applied to be registered. 

(Objected to as a leading question.) 

A. Yes. 

Cross-examinatiou: 

Q. What section of the constitution did they give to read?—A. Eleventh section, 
11th article. 

Q. Can you read section 10 of article 17 of our present constitution of the state, 
which I now hand you? 

(Counsel for contestant objects to the question on the ground that this examin¬ 
ation is not for the purpose of testing the witness's ability to read.) 

A. I’ll try. No, I won’t. 

Q. Can you explain what “miscellaneous matter” means?—A. I'll try it. Don’t 
know. 

Solomon Jenkins. 

Sworn to and subscribed before me this 1st day of February, A. D. 1897. 

[seal.] Macon 13. Allen, Notary Public. 

Adourned at 5 p. m. 

State of South Carolina, County of Beaufort: 

In the First Congressional district, I, Macon B. Allen, a notary public in and for 
the State of South Carolina, do hereby certify that the deponents herein mentioned 
and duly summoned, to wit: Samuel Polite, J. P. Polite, P. Habersham, Samuel J. 
Hamilton, Toby Hamilton, Francis Rutledge, Jos. Small, D. S. Brown, and Solomon 
Jenkins, and produced by contestant, personally appeared before me at Gardners 
Corner, in the County of Beaufort, and within the Congressional district aforesaid, 
on the 1st day of February, 1897, and after being duly sworn to speak the truth, and 
nothing but the trnth, in the matter of the contested election, gave and subscribed 
the foregoing depositions; that I caused the testimony of said deponents with the 
questions propounded by both contestant and contestee, to be reduced to writing, 
and in the presence of the witnesses and counsels, respectively, and caused said 
testimony to be carefully read to deponents before the same was subscribed by them. 
And I further certify that each and every erasure, substitution, and interlineation 
that appear in any part of the records of the foregoing depositions were made, sub¬ 
stituted, and interlined in the presence of deponents, and before such depositions 
were subscribed by them or him. 

Witness my hand and seal this 26th day of April, 1897. 

[seal.] Macon B. Allen, Notary Public. 

Notice to take depositions. 

To William Elliott, Contestee: 

Yon will please take notice that the undersigned will, at Pocotaligo, in the county 
of Beaufort, State aforesaid, on Tuesday, the 2d day of February, 1897, at 10 o’clock 
a. m., before Macon B. Allen, a notary public in and for the State of South Caro- 


MURRAY YS. ELLIOTT. 


257 


lina, examine and take testimony of the witnesses whose names are hereto annexed 
in relation to and touching the issues involved in the above ease, and that said 
examination will continue from day to day until the same shall be completed: Benj. 
Clark, jr., Robert Deveaux, Lot Gadson, Abram .Johnson, Renty Frazier, Joseph 
Green, Thomas Porclias, Henry Ford, Peter Green, Frazier Southward, Peter Thomas, 
Joe Days, Joe Moton, Matthew McPherson, and Henry Washington, all residents of 
Old Pocotaligo precinct, county of Beaufort, and State of South Carolina. 

J. I. Washington, 

Attorney for Geo. fV. Murray , Contestant. 

Beattfoht, S. C., January 30, 1897. 

Service accepted this January 30, 1897, at Beaufort, S. C. 

Wm. Elliott, Jr., 
Attorney for Contestee. 

Old Pocotaligo Precinct, 
Beaufort County , S. C., February 2, 1897. 

The taking of testimony begun at 12.45 p. m. 

Present: J. I. Washington, esq., attorney for contestant, and Wm. Elliott, jr., 
esq., attorney for contestee: 

RENTY FRASER, sworn, testifies: 

Q. What is your name, age, occupation, and place of residence?—A. Renty Fra¬ 
ser; 39: farmer; Pocotaligo. 

Q. Do you hold a registration certificate under the new constitution?—A. No. 

Q. Did you apply for one, and if so, when and to whom?—A. Yes; I don’t recollect 
what month it was; at Beaufort. Mr. Peck was not in; but to a gentleman, I don’t 
know his name. 

Q. Where was this office at?—A. In the court-house. 

Q. Why did they refuse to give you a certificate?—A. Because I couldn’t read the 
section they gave me. 

Q. Who said you couldn't read it?—A. The gentleman who gave it to me; I don’t 
know his name. 

Q. Do you remember what section of the constitution he gave you to read?—A. 
No, sir; I don't recollect now. 

Q. What did ho tell you after you had read?—A. He said I couldn’t read it well, 
and must go. 

Q. Can you read?—A. A little. 

Q. Had you paid your taxes before you applied for your certificate?—A. Yes; I 
had paid. 

Q. Did you offer to vote at the Federal poll at last election, and if so, were you 
allowed to vote?—A. Yes; but not allowed to vote. 

Q. If you had been allowed to vote, for whom would you have voted for Congress¬ 
man from this district?—A. Murray. 

Cross-examination: 

Q. Can you read section 12 of article 2 of the present constitution of the State, 
which I now hand you?—A. No; I have already tried to read. 

Renty Fraser. 

Sworn to and subscribed before me this 2d day of February, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 

JOSEPH GREEN, sworn, testifies: 

Q. What is your name, age, occupation, and place of residence?—A. Jos. Green; 
21; keep a little shop; Pocotaligo. 

Q. Do you hold a certificate under the new constitution?—A. No. 

Q. Did you apply for one, and if so, when and to whom?—A. Yes; in June, I 
think it was, at Tomotley to Capt. Peck. 

Q Was any other officer present with Capt. Peck, and if so, how many?—A. Yes; 
one. 

Q. What reason did they give for refusing to register you ?—A. They said I couldn’t 
read the constitution. 

Q. When were you 21 years of age? A. Twenty-fifth day of last March. 

Q. Did you offer to vote at the Federal poll at last election, and if so, were you 
allowed to vote?—A. Yes; not allowed to vote. 

Q. If you had been allowed to vote for whom would you have voted for for Con¬ 
gressman from this district?—A. Murray. 

Q. Can you read?—A. A little. 

17745-17 



258 


MURRAY YS. ELLIOTT. 


Cross-examination: 

Q. What section of the constitution did they give you to read?—A. Eighth article 
and eleventh section. 

Q. Can you read article 8, section 4, of the present constitution of the State, which 
I now hand you?—A. I’ll try it, sir. ‘‘No law shall be passed by the general assem¬ 
bly to grant the right to contract and operate a street and other railway, telegraph, 
telephone, or other electric plant, or to erect water or gas works for public use, or 
to lay main for any purpose without first obtaining the cousent of the local author¬ 
ity in control of the street or public place proposed to be occupied for any such or 
like purpose.” 

Q. Please explain what the following means: “The general assembly shall pro¬ 
vide by law for a uniform and equal rate of assessment and taxation.” 

(Counsel for contestant objects to the question on the ground that this examina¬ 
tion is not for the purpose of testing the witness' knowledge of the meaning of sec¬ 
tions in the constitution; this witness having already demonstrated to the board of 
registrars and to counsel for contestee his ability to read.) 

A. I don't know, sir. 

Q. In what year were you born?—A. In 1875. 

Q. In what mouth in that year?—A. March. 

Q. Did you carry anyone with you to prove that you were over 21 years of age 
when you applied for your certificate?—A. Yes. 

Q. Who did you carry?—A. C;esar Green. 

Q. How long have you been residing at Pocotaligo?—A. All my life. 

Joe Green. 

Sworn to and subscribed before me this 2d day of February, 1897. 

[seal.] Macon B. Allen, Notary Public. 

BEN CLARK, Jr., sworn, testifies: 

Q. What is vour name, age, occupation, and place of residence?—A. Ben Clark, jr.; 
21; farming; at Pocotaligo precinct. 

Q. Do you hold a certificate under the new constitution?—A. Yes. 

Q. Did you offer to vote at the Federal poll at last election, and if so, were you 
allowed to vote?—A. Yes; but not allowed to vote by the managers. 

Q. Why did they prevent you from voting?—A. Because I had no tax receipt. 

Q. When were you 21 years of age?—A. March, 1896. 

Q. When were you born?—A. 1875. 

Q. Did you take anyone with you to the poll to prove your age to the managers, 
and if so, who?—A. Yes; my father. 

Q. Did your father prove your age?—A. Yes. 

Q. If you had been allowed to vote, i'or whom would you have voted for for Con¬ 
gressman from this district ?—A. Murray. 

Cross-examination: 

Q. What section of the constitution did the officers of registration give you to 
read?—A. Ninth section, article 5. 

Q. Did you read it?—A. Yes 

Q. Did you present anyone to the registration officers when you applied for regis¬ 
tration to prove that you were over 21 years of age?—A. Yes. 

Q. Whom did you present?—A. My father. 

Q. Will you read section 11 of article 7 of the present constitution of the State, 
which I now hand you? 

(Counsel for contestant objects on the same ground as that of Joe Green, and on 
the further ground that the witness must have read to the satisfaction of the parti¬ 
san board of registrars to get the certificate which he now holds.) 

A. No. 

Q. Have you your registration certificate with you?—A. No; at home. 

Q. Who signed that registration certificate?—A. I don’t know the gentleman who 
signed it. 

Q. How far do you live from here?—A. About a mile. 

Q. Didn’t you know you were going to testify to-day ?—A. Yes; but I didn’t know 
I would need my certificate. 

Q. I would like very much to get your certificate in evidence; Mill you please get 
it in order that I may see it while this examination is in progress?—A. Yes* I can 
get it, but I do not feel well enough to go home in the wind for it. 

Redirect: 

Q. How far did your father live from the place where the Federal polls was held 
last election?—A. About a mile and a half. 

Q. About how far did your father live from the office at which you got your certifi¬ 
cate?—A. I suppose about 9 or 10 miles or more. 


MURRAY VS. ELLIOTT. 


259 


Q. How far is it from your father’s house to the nearest railroad station on the 
Port Royal Road?—A. Four miles. 

Q. Where did you get your certificate, then?—A. At Beaufort. 

Q* How many miles is it from that station to Beaufort?—A. I don’t know. 


Recross: 

Q. Did you present any tax receipt to the board of managers? 

(Objected to, because not in response to anything brought out in the redirect, and 
if counsel insists upon an answer will move to strike it out.) 

A. No. 

Q. Did you present any certificate from the auditor of the county that no taxes 
were assessed against you? 

(Objected to, because not in response to anything brought out in the redirect, and 
insists that this line of questioning be stopped.) 

A. No. 

Q. Did you present any certificate at all as to taxes? 

(Same objection as above made.) 

A. No. 


Benj. Clark. 

Sworn to and subscribed before me this 2d day of February, 1897. 

[seal.] Macon B. Allen, Notary Public . 


ABRAHAM JOHNSON, sworn, testifies: 

Q. What is your name, age, occupation, and place of residence?—A. Abraham 
Johnson; 20; farmer; Deveaux Hill, Pocotaligo precinct. 

Q. Do you hold a certificate under the new constitution?—A. No. 

Q. Did you apply for one; and if so, when, where, and to whom?—A. Yes; 11th 
of July, I think it was, at Tomotley, to registration master. 

Q. Why did they not give you a certificate, and what reason did they give for 
refusing you one?—A. They claimed I did not read correctly. 

Q. After reading, did they require you to do anything else before refusing to regis¬ 
ter you?—A. No. 

Q. Had you paid your taxes before, and did you present your tax receipt when 
you applied to be registered?—A. Yes. 

Q. Did you otter to vote at the Federal poll at the last election at this precinct; 
and if so, were you allowed to vote?—A. Yes; but not allowed to vote. 

Q. For whom would you have voted for for Congressman from this district if you 
were allowed to vote?—A. Murray. 

Cross-examination: 

Q. Did the registration officers ask you to explain any section of the constitu¬ 
tion?—A. No. 

Q. Did you vote at the Presidential box on election day ?—A. No. 

Q. Who were the candidates for President at the last election?—A. I don’t know. 

Q. Who was the candidate of the Republican party to the United States House of 
Representatives from the First Congressional district of South Carolina?—A. I don’t 
know. i 

Q. Can you read section 12 of article 5 of the present constitution of the State, 
which I now hand you?—A. I can read, but I won’t, because I have tried already. 

Q. What section 'of the constitution did the registration officers give you ?—A. Sec¬ 
tion 1 of article 14. 

Redirect: 

Q. Who was the Republican candidate for Congress in this district at the last 
election?—A. I don’t know. 

Abraham Johnson. 

Sworn to and subscribed before me this 2d day of February, 1897. 

Macon B. Allen, Notary Public. 

LOT GADSDEN, sworn, testifies: 

Q. What is your name, age, occupation, and place of residence?—A. Lot Gads¬ 
den; 32; farmer; Pocotaligo. 

Q. How long have you been a voter of this precinct?—A. About nine years. 

Q. Do vou hold a certificate under the new constitution?—A. No. 

Q. Did you apply for one? And if so, state when, where, and to whom.—A. Yes; 
in September gone; Beaufort Court-House; to the register board. 

Q. What reasons did they give for refusing to register you?—A. They said I 
couldn’t read the section. 

Q. Did you read the section given you?—A. They said not. 

Q. Did you offer to vote at the Federal poll at the last election; and if so, were you 
allowed to vote?—A. Yes; but not allowed to vote by the men who held the poll. 


260 


MURRAY VS. ELLIOTT. 


Q. If you had been allowed to vote, for whom would you have voted for for Con¬ 
gressman from this district?—A. Murray. 

Q. Had you paid your taxes before, and did you present your receipt to the offi¬ 
cers when you applied to be registered?—A. Yes. 

Cross-examination: 

Q. Who were the candidates for President of the United States at the last elec¬ 
tion?—A. I can’t exactly tell now, because I didn’t pay much attention to it because 
I couldn’t vote. 

Q. Who was the candidate of the Republican party at the last election to the 
United States House of Representatives from this district?—A. I know George W. 
Murray was one and William Elliott; I don’t know of any others. 

Q. Can you read section 8 of article 3 of the present constitution of the State, 
which I now hand you? 

(Counsel for contestant objects to the question on the same ground as stated in 
the testimony of Joseph Green.) 

A. No; I won’t read now. 

Q. What section of the constitution d id the registration officers give you to read ?— 
A. I think it was the tenth section of Article 7. 

Q. Did you appeal from the decision of the registration officers?—A. No. 

Lot Gadsden. 

Sworn to and subscribed before me this 2d day of February, 1897. 

[seal.] Macon B. Allen, Notary Public. 

Adjourned at 3.30 p. m. 

State of South Carolina, County of Beaufort: 

In the First Congressional district, I, M. B. Allen, a notary public, in and for the 
State of South Carolina, do hereby certify that the deponents herein mentioned and 
duly summoned, to wit, Renty Fraser, Joe Green, Benj. Clark, Abraham Johnson, 
and Lot Gadsden, and produced by contestant, personally appeared before me at 
Pocotaligo, in county of Beaufort, and within the Congressional district aforesaid, 
on the 2d day of February, 1897, and after being duly sworn to speak the truth, and 
nothing but the truth, in the matter of the said contested election, gave and sub¬ 
scribed the foregoing depositions; that I caused the testimony of said deponents, 
with the questions propounded by both contestant and contestee, to be reduced to 
writing, and in the presence of the witnesses and counsels, respectively, and caused 
said testimony to be carefully read to deponents before the same was subscribed by 
them; and I further certify that each and every erasure, substitution, and inter¬ 
lineation that appear in any part of the records of the foregoing depositions were 
made, substituted, and interlined in the presence of deponents, and before such 
depositions were subscribed by them or him. 

Witness my hand and seal this 26th day of April, 1897. 

[seal.] M. B. Allen, Notary Public. 

Notice to talce depositions. 

To William Elliott, Contestee: 

You will please take notice that the undersigned will, at the office of J. I. Wash¬ 
ington, Beaufort, in the county of Beaufort, State aforesaid, on Wednesday, the 3d 
day of February, 1897, at 10 o’clock a. m., before Macon B. Allen, a notary public 
in and for the State of South Carolina, examine and take testimony of the witnesses 
whose names are hereto annexed, in relation to and touching the issues involved 
in the above case; and that said examination will continue from day to day until the 
same shall be completed, I. R. Reed, Dr. E. M. Pinckney, Aaron Middleton, P. H. 
Deas, B. F. Deveaux, Sam’l Maxwell, Paul Best, John Houston, Robert Robinson, 
Louis McKnight. F. W. Waterhouse, R. G. Green, Rev. P. J. Chavis, Paul Peeples, W. 
C. Robinson. Stephen Brown, Henry B. Dorman, and Sam’l Jenkins, all residents of 
Beaufort precinct, county of Beaufort, and State of South Carolina. 

J. I. Washington, 

Attorney for Geo. TF. Murray, Contestant. 

Beaufort, S. C., January SO, 1897. 

Service accepted this 1st day of February, 1897, at Gardens Corner, S. C. 

Wm. Elliott, Jr., 

Attorney for Contestee. 

Beaufort, Beaufort County, S. C., February 3, 1897. 

Present: J. I. Washington, esq., attorney for contestant, and William Elliott, jr., 
esq., attorney for contestee. 

The examination of witnesses begun at 11 o’clock a. m. 


MURRAY YS. ELLIOTT. 


261 


I. K. REED, sworn, testifies: 

Q. What is your name, age, occupation, and place of residence?—A. I. K. Reed; 30; 
attorney at law; Beaufort, S. C. 

Q. Are you a notary public?—A. I am. 

Q. As such, where were you during the time of registration of voters last year?— 
A. I was at the court-house in the town of Beaufort, S. C., where the registration was 
being conducted by a board composed of J. F. Peck, J. S. Berg, and J. G. Verdier. 

Q. What, if anything, were your duties at that office?—A. I was employed to take 
affidavits and file appeals for those who were denied registration by said board. 

Q. State, if you know, how long the board remained in Beaufort for the purpose of 
issuing certificates.—A. Well, the board didn't start at the exact time according to 
law, but they did remain for six consecutive weeks, beginning some time in the month 
of April. 

Q. After the six weeks did they open their office anywhere out of the town, and if 
so, where? 

(Counsel for contestee moves that the above testimony be stricken out, and all 
similar testimony, and objects to like testimony being introduced (1), because the 
testimony is hearsay and it does not appear that the witness is testifying of his own 
knowledge; (2) because it is not in response to any allegations in the notice of con¬ 
test; and counsel for contestee will urge this objection to all similar testimony.) 

A. On the 8th of June, 1896, they opened the office at the Sea Island Chemical 
Works, about a mile from the town; on the 9th of June, 1896, they opened their 
office at the town of Port Royal, S. C., 5 miles from the town; on the 11th of June, 
1896, they went either to Tomotley or Sheldon, S. C., about 15 miles from town; I 
did not go there. 

(Counsel for contestee moves that the answer as to June 11th be stricken out as it 
is manifestly hearsay.) 

A. (Continued.) On the 13th day of July, 1896, they went to Hilton Head, S. C.; 
on the 14th day of July, 1896, they went to a place called the Head of Fording Island 
road, about 5 or 6 miles from the town of Blutt'ton, S. C.; on the 15th day of July, 
1896, they went to Hardeeville, S. C., in Yemassee Township, and on the 16th to 
Grahamville, S. C.; I did not go to Grahamville. 

(Same objection as to June 11th.) 

Q. When, if at all, did they go to Masseys Ferry, across the river?—A. If I am 
not mistaken, it was some time just after they had gone to the S. I. Chemical Works 
and to Port Royal. 

Q. Did you go there with them?—A. I went ahead of them, as they said they 
were going to St. Helena, but they did not go to St. Helena; they stopped at Masseys 
Ferry, across the river, on Ladies Island. 

Q. In order for the voters of St. Helena Island or Brick Church precinct to reach 
them, how many miles would those living at Lands End and Coffin Point have to 
travel?—A. They would have to travel about 10 to 15 or more miles. 

Q. State, if you know, about how many votes were generally polled at Brick 
Church precinct, St. Helena Island, under the old registration law. 

(Counsel tor contestee objects to the answer being recorded as the question calls 
for hearsay evidence, and copies of the record of returns of managers of that pre¬ 
cinct are easily obtainable.) 

A. When the act was first passed and took effect the votes were no less than 1,000, 
but since that time they have dwindled down to between 400 and 600. 

Q. About how many white men are there residents of that island?—A. Between 
12 and 15. 

Q. Were you present with the registration board on their supposed tour through 
the county except at Tomotley or Sheldon, Grahamville and Masseys Ferry?—A. 
Yes; but 1 was not admitted into the office at auy of the places while going around 
the county, and had to secure places away from the office in order to take the affida¬ 
vits and the appeals. 

Q. In what township, if you know, is Beaufort Sea Island Chemical Works and 
Port Royal?—A. All three of said places are in Beaufort Township, not more than 
5 miles apart. 

Q. Is it not a fact that these places visited by the registration board, with the 
exception of Masseys Ferry and Hilton Head, are the only places in the county 
where the bulk of white men live? 

(Counsel for contestee objects to the question, as being in gross violation of all 
rules of evidence, and manifestly for the purpose of prompting and leading the wit¬ 
ness.) 

A. Yes; and especially at the Head of Fording Island Road, Hardeeville, and 
Grahamville. 

Q. You say you were kept out of the office during the registration ot voters. 
Was any one else allowed to go in except those applying for a certificate?—A Dur¬ 
ing the month of May, here in Beaufort, I was allowed to go in, the board taking in 
about four or five men at a time; after that, in June, I also tried and went in as 


J 


262 


MURRAY VS. ELLIOTT. 


usual, when the chairman, J. F. Peck, told me that the hoard had decided to conduct 
the registration in secret, and I never again entered the office while any one was in 
there to register. I only went in when no one was in there to register, to file appeals 
or ask information, but I saw at divers times many other persons go in and out of 
the office while persons were in therefor the purpose of registration; among some of 
the persons who went in there at said times, and not for the purpose of registration, 
were one E. T. Latitte, candidate before the Democratic primary for coroner, and W. 
F. Sanders, candidate for county supervisor, and \V. ( ). Prentiss, candidate for sheriff, 
Willie Bellows, and other white persons, whose names I can’t remember. 

Q. Were these white men Democrats or Republicans?—A. Democrats, of course. 

Q. You say you took affidavits and made appeals from the decision of the board 
in cases. Please state, if you can, how many such appeals did you take, and what 
became of them? 

(Counsel for eontestee objects to the question, because the proper person to testify 
to these appeals should be the clerk of court of Beauford County, testifying from his 
record, as when appeals are taken they become records of his office.) 

A. I took appeals for 236 men, the originals of which I have here in my possession; 
the affidavits, about 240 odd, were sent to Hon. Geo. W. Murray just before the last 
election in November, 1>96. 

Q. How many of these appeal cases have you been able to get heard before the 
court?—A. During the May term of court, 1896, I had 25 or more of them before 
Judge Bennett, who refused a hearing on the ground that the returns of the board 
of registration failed to show the specific article and section of the constitution 
wherein each and every applicant w%s denied registration; he afterwards modified 
his decision, and sent an order to the board of registration instructing them as to 
the matter, which order was filed in the clerk of court’s office for Beauford County, 
but during the September term of court, 1896, by arduous work, T succeeded in get¬ 
ting 10 of said appeals before Judge J. H. Earle, presiding judge, and 6 of said 
applicants were admitted to register and 4 were denied, after having read various 
sections of the constitution of South Carolina before said judge in open court. 

Q. Where were you on the 3d day of November last, the day of election ?—A. I was 
at Hardeeville precinct, Beaufort County, S. C. 

Q. Please state what you were doing there that day.—A. I was employed as a 
notary public to take affidavits of those persons 21 or more years of age who offered 
to vote at the Federal polls for Geo. W. Murray for Congress. 

Q. Please examine these affidavits and see if they are the ones taken by you on 
that day.—A. These are the affidavits I took at Hardeeville on that day—47 in num¬ 
ber. 

Q. Do you know what office, if any, J. T. Peck, chairman of the board of registra¬ 
tion, was a candidate for during the time he was chairman; and if so, state what?— 
A. He was a candidate for clerk of court for Beaufort County. 

Q. Did he appear at the registration office as chairman since his defeat at the 
Democratic primary in August last?—A. He did not. 

Q. Do you know of a white man who applied for registration who was refused?— 
A. I only know of one, F. T. Baker, at Hilton Head, who was refused at the time 
when the board was at Hilton Head, but I understand that he afterwards received 
his registration certificate before the election in November, 1896, and he afterwards 
gave me the money to pay his poll tax and send the receipt to him at Hilton Head, 
S. C., which I did. 

(Counsel for eontestee objects to so much of witness’s answer as appears to be 
hearsay, and not from his own knowledge as evidence by the fact of his using such 
expressions as “I understand,” etc., and counsel for eontestee states that he objects 
to this testimony before it was taken down by the notary. 

Counsel for contestant desires to know from contestee’s counsel whether in his 
objection to the taking of this testimony he waives his right to examine. 

Counsel for contestant introduces as evidence the affidavits taken by witness at 
Hardeeville in November last and marked Exhibit E. 

Counsel for eontestee objects to the introduction of these affidavits on the follow¬ 
ing grounds: (1) Because affiants are the proper persons to testify. (2) Because they 
are not in response to any allegation in notice of contest. (3) Because eontestee is 
by this method deprived of the right of cross-examination.) 

Cross-examination: 

Q. During the six weeks you say the registration board was in continuous session 
in the town of Beaufort, did not the registration officers examine and pass upon all 
applicants?—A. I did not say that I was at the registration office during the whole 
six weeks, because I was not employed until some time after the board had been in 
session about a week and some days—but they did pass upon all applicants at the 
time I was there, variously denying each and every one of them registration, but 
mostly, as the board claimed, upon mispronunciation of one word in a section. 

Q. Do you mean to state that the board registered no applicants?—A. I do not. 


MURRAY VS. ELLIOTT. 263 

Q. Did the board state to you their reason for denying the applicant?—A. They 
did in some, and in others they did not. 

Q. Did you see during the months of June, July, August, and September any 
applicants who were not examined the day they applied?—A. Examined by whom? 

Q. By the board of registration for Beaufort County, S. C., of whom we are now 
speaking?—A. I have seen some who were examined and some who were not exam¬ 
ined by the board. 

Q. When did you see any who were not examined?—A. On various dates during 
those months. 

Q. Please mention one of them.—A. I saw P. II. Riley in July before he was exam¬ 
ined; I also saw Moses F. Bailey before he was examined in August. 

Q. Do you mean to say that these men were unable to get a hearing upon their 
applications before the board?—A. I do not mean to say that they could not get a 
hearing before the board when, as a matter of fact, they did get a hearing. 

Q. My question was as to those who could not get a hearing the day they applied. 
I repeat it and ask a dehnite answer to it. Please mention anyone you know who 
could not get a hearing before the board of registration when they applied and men¬ 
tion the day.— A. I know of many who couldn’t get a hearing on various dates 
before the three days in October last when the board was to close registration, but I 
can't call their names; but during the three days of October, 1896, when the board 
was in session—the exact date I don’t remember—there were one Amos Williams, 
Zack McGill, one Aikin, who works at the foundry, and a dozen or more persons who 
did not get a hearing before the board because the board closed their office about one 
hour and a half before 3 o'clock, the time alloted by law for closing, in order that 
said board, which was composed of J. S. Berg, and J. G. Verdier, could get dinner 
and leave on the afternoon train for their homes. This was not the first time that 
they closed their office before time for closing and left to get dinner and catch said 
train because their homes were not in Beaufort, the county seat, but 30 or more miles 
away, and many applicants were thus deprived of having a hearing before said 
board. 

Q. Is it not a matter of fact that on some days the board waited hours without 
having an applicaut appear before them?—A. It was only during the first two or 
three weeks. 

Q. Is it not a fact that the days they left before 3 o’clock there were no applicants 
for registration at the time they left?—A. No; there were many applicants present. 

Q. Please mention one such day.—A. On the 3d day of September. 

Q. Please state what paper you referred to before making that answer?—A. I 
referred to the appeals which were filed by me upon the board for those who were 
denied registration on that day. 

Q. Is this paper to which you referred written by yourself?—A. It was written 
under my instruction, a copy of which was filed by me upon the board as aforesaid, 
which appeal has been accepted by the board and is now of record in the clerk of 
court’s office of Beaufort County, S. C., wherein I appear as attorney of record. 

Q. Were you present at the court-house the day you mention—the 12th of Septem¬ 
ber?—A. I was. 

Q. Were you present at the time the board adjourned?—A. I was. 

Q. Please state how many applicants for registration were present at the office of 
the board of registration at the time they adjourned—the 12th of September, 1896.— 
A. I did not count them, but there were a dozen or more. 

Q. Who employed you to make appeals from the board of registration?—A. No 
one; Hon. Geo. W. Murray employed me to take affidavits, and when first employed 
the act of the general assembly of South Carolina, which met in January, 1896, 
instead of November, 1895, as formerly, was not then in our possession, but during 
the first week of my employment I came into possession of one of said acts, and on 
reading the act relative to the registration law I found that applicants who were 
denied registration had only ten days in which to file appeals from the decision of 
that board. I, therefore, not only took the affidavits but filed the appeals according 
to the requirements of law. 

(Counsel for contestee requests witness to give a definite answer to his question.) 

Q. Were you or were you not employed by contestant to prosecute appeals for 
persons rejected by the board of registration, and I request you to answer this 
question, yes, or no?—A. No, I was not; I was employed to make affidavits and I 
went farther than contestant intended, which he afterwards told me, and I have not 
received any compensation from him nor the applicants for so doing. 

Q. Is it not a matter of fact that you were paid according to a regular agreement 
with contestant, based upon the number of appeals you filed?—A. No. 

Q. Please state how much money you received from contestant for sevices ren¬ 
dered in connection with the registration ?—A. I have not received one cent from him 
nor anyone else for making the appeals from the board of registration and arguing 
said appeals before the court of common pleas, but I have received compensation for 
taking the affidavits. 


264 


MURRAY YS. ELLIOTT. 


Q. Please state how much you have received for taking affidavits sent to con¬ 
testant ?—A. I received $70. 

Q. Had you any connection with Stipney Deveaux in the matter of these affidavits 
or appeals from the hoard of registration?—A. I had none except that he was in and 
around the court-house while the registration was going on, hearing some applicants 
read the constitution of the State of South Carolina in my presence. 

Q. Is it not a matter of fact that he was up there at the court-house for the pur¬ 
pose of instructing and assisting in the reading of the constitution applicants for 
registration before they applied?—A. I don’t know for what purpose he was up 
there, but he did assist a few applicants in the reading of the constitution before they 
applied, and whether the same was done from patriotism or hope of reward from the 
contestant or anyone else I do not know. 

Q. Is it not a matter of fact that you received at one time from contestant a check 
for $50 for your services?—A. I did not receive any check. 

(Counsel for contestant objects to this line of questions on the ground that they are 
irrelevant and foreign to the issue and are propounded by counsel for the purpose, 
and the purpose only, of consuming valuable time, witness having already testified 
that he was employed by contestant, and the amount paid for his services is a matter 
that has nothing to do with this case.) 

Q. Was not one payment made to you by contestant $50 in amount?—A. Yes. 

Q. Is it not a fact that you and Stipney Deveaux had a disagreement as to the 
division of this $50?—A. No; we had no connection. 

Q. Did not Stipney Deveaux state to you that you did none of the work, arrived 
long after the board of registration had convened, and left long before it adjourned, 
and made this statement in the presence of several witnesses, the conversation aris¬ 
ing out of the fact that you took $48 out of this remittance of $50?—A. He did not 
make any statement, nor he did not make it before any witnesses. He was not 
employed by me, neither was he employed in connection with me by the contestant, 
and the $50 were sent to me bv contestant and I took all for myself, used it for 
myself, and was not obligated in any way to give a part of it to Stipney Deveaux or 
anyone else, and had no contention with Stipney Deveaux or anyone else about it. 

Q. What time did you arrive at Hardeeville on election day?—A. I came out on 
the 2 o’clock train from Savannah. 

Q. What time did you leave Beaufort' for Hardeeville?—A. I left Beaufort on 
Sunday. 

Q. Did you arrive at Hardeeville at 2 o’clock in the day or 2 o’clock in the night 
of election day?—A. In the day. 

Q. What time did the polls close there?—A. Four o’clock. 

Q. What time did you take contestant’s tickets from the office at Hardeeville on 
election day?—A. I never took any of the contestant’s tickets from the office. 

Q. Do you swear that you never signed a receipt to the post-office at Hardeeville 
for contestant’s tickets sent you at Hardeeville by registered letter through the 
post-office on election day ?—A. I did not sign a receipt for any of contestant’s tickets 
by registered letter. 

Q. Did you sign such a receipt to the express office?—A. I did not. 

Q. Did you receive contestant’s tickets by mail on that day?—A. I did not. 

Q. Did you carry contestant’s tickets with you to Hardeeville that day?—A. I 
did. I carried them from Beaufort on Sunday. 

Q. Did you start from Beaufort with the intention to goto Hardeeville the Sunday 
you left?-AA. I did. 

Q. Why did you not arrive there sooner, then?—A. I arrived on Sunday night, the 
road having changed schedule on the Charleston and Savauuah Road. I got there 
so laWl couldn’t get a team to take Ben Rivers, who had Federal and county tickets 
for Levy’s and Bellinger Hill precincts. We decided to go to Savannah and send 
Bed Rivers across Seri veil Ferry with' the tickets, and on Monday the rise of the 
Savannah River freshet made the causeway impassable, and there was no team at 
hand to be gotten; sent word to Ballinger Hill for a team; did not receive word 
about the team until late Monday night; then we went to secure a boat to cross the 
ferry Monday night. We could not get any, as everybody had gone to bed. We 
waited and finally secured a boat from a man who stated that he could not go and 
row us across Savannah River, so myself and Ben Rivers jumped into the boat and 
rowed across Scriven Ferry, and he went up to where the team was, and I, by hard 
rowing, succeeded in taking the boat and myself back to Savannah. Secured the 
boat and started at once for the Savannah, Florida and Western Railroad to catch 
the 6 o’clock train on the Charleston and Savauuah Railroad for Hardeeville, but it 
left before I got to the depot, so I had to wait for the next train, which arrived at 
Hardeeville between 1 and 2 o’clock. 

Q. Why did you not get off at Hardeeville when the train got at that place?— A. 
I did get off at Hardeeville when the train stopped on Tuesday. 

Q. Why did you not stop at Hardeeville when the train passed that place on the 


MURRAY YS. ELLIOTT. 265 

Sunday preceding November 3, 1896?—A. I was not on any train then that passed 
Hardeeville on Sunday during the day. 

Q. When did you pass Hardeeville after leaving Beaufort on November 1, 1896?— 
A. I didn’t; as was said in my previous answer before the last, that we arrived at 
Hardeeville late Sunday night, and being unable to procure a team to send a messen¬ 
ger with the tickets, both Federal and county, to the precincts of Levy and Bellinger 
Hill, we decided to go to Savannah and come across by the way of Scriven Ferry. 

Q. Did you go on from Hardeeville on the same train you arrived?—A. I did. 

Q. How long did that train stop at Hardeeville?—A. 1 don’t know. 

Q. Were you drunk on that night you passed Hardeeville?—A. I was not. 

Q. Isn’t it a fact that Sheldon or Tomotley are both in the midst of a very thickly 
settled section of country, and that in that section there are very few Democrats 
and large numbers of Republicans?—A. They are in the midst of a thickly settled 
country, whose inhabitants are mostly Republican; but there are more Democrats 
who vote at the precincts in that (Sheldon) township than there are Democrats in 
Hilton Head, St. Helena, Ladies Island townships, and a few of the others in the 
county. 

Q. Were you present in the court-house when you say Judge Earle heard the 
appeals from the board of registration?—A. I was. 

Q. Did he not hear the appeal of every appellant present in the court-house?— 
A. He did not; only ten of them 

Q. Did he not ask you who of the appellants from the board of registration were 
present and ready to be examined?—A. On the lirst day he asked me if any of them 
were present; 1 told him that there were many; he said that he would take or hear 
ten or twelve of them at a time; thereupon ten men or applicants were called up 
before him, and he heard each one for himself read a section of the constitution of 
South Carolina. The court then adjourned, and the next day, after court had been 
opened and after other important businesses were transacted, he asked me if any of 
those applicants (meaning any of the ten he had examined on the previous day) were 
present; 1 said yes, and all were present except one. He thereupon called up the 
other applicants who were present and again examined them; the result was 6 
admitted to registration and 4 denied. 

Q. Isn’t it a fact that J. F. Peek was only a candidate for nomination before the 
Democratic primary for clerk of the court and he failed to get the nomination?— 
A. I know that he was a candidate before the Democratic primary. As to his failure 
to receive said nomination, I don’t know. 

Q. Were you ever deputy sheriff of this county?—A. I was. 

Q. Please state when, and who was sheriff at the time.—A. From 1888 to 1891; 
George A. Reed. 

Q. Did you leave the employment of deputy sheriff’, or was you discharged?—A. I 
left. 

Q. Isn’t it a fact that the then sheriff was George A. Reed, your brother?—A. Yes. 

Q. Have you been deputy sheriff since the time specified above?—A. I have. 

Q. Please* state when and under whom.—A. At various times, but notably during 
the September term of court, 1896. 

Q. Is it not a fact that your brother, George A. Reed, dismissed you as his deputy 
sheriff because he said you collected moneys as deputy sheriff and never accounted 
to him for it and never entered such collections upon the books of the office?—A. He 
never dismissed me, and I don’t know what he has said; and when I left I allowed 
him to take out any amount of money out of my wages that he even suspected that 
was due to him by me for anything, and I never took one cent from him or anyone 
else wrongfully while in office, and if I did he would not pay me four hundred and 
sixty odd dollars out of the eight hundred and odd dollars or more which was due 
me at the time when I left; and my leaving was no greater nor less than my appoint¬ 
ment, which was simply as long as he and I could have mutually agreed, and if I 
had taken or misappropriated not only any money belongings to him or any other 
person having any connection with the sheriff’s office, he or any such person has 
ample remedy at law, civil or criminal. 

Q. Did you not hear George A. Reed, your brother, while upon the witness stand 
in the court of general sessions, September term, 1896, while testifying in the case 
of the State r. Jas. Wigg, state as part of his testimony that he had dismissed you 
from the position of his deputy sheriff because you had collected money as deputy 
sheriff and never paid it over to him nor accounted for the money nor entered the 
collection upon the books of the sheriff?—A. No, I did not hear him say so, and the 
question itself is not what he said; and further, I don’t care a snap what he said, 
because the public knows better, and if what was asked in the question was true he 
would never have appointed me to take charge of the same court, September term, 
1896, while he was absent. 

Q. Are you a registered voter of Beaufort County under the present constitu¬ 
tion?_A. I am not, because I was one of those upon whom the board closed on the last 


MURRAY VS. ELLIOTT. 


266 


registration day of the year 1896, and since that time there lias never been any re S" 
istration made by the board on account of one of the members, namely, J. I. Reck, 
being out of the State, and another, J. S. Berg, having been charged with murder, 
but since, as I have been informed, resigned, and the board can t act unless a major¬ 
ity—that is, two—be present. 

Q. Were you not attorney for Geo. W. Murray in the contested election case before 
Congress —employed in taking testimony two years ago?—A. I was; but a better 
answer to the question is a matter of record. 

I. R. Rekd. 

Sworn to and subscribed before me this 3d day of February, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 


Exhibit E—M. B. Allen, N. P. 
Plank No. 2. 


State of South Carolina, Beaufort County: 

This certifies that the undersigned, being over the age of 21, male, resident of the 
voting precinct Hardeeville, Ward —, and legally qualified to register and vote 
therein, did, on this the 3d day of November, 1896, present himself at the said voting 
precinct to vote for George W. Murray, the Republican candidate for Congress in 
the First district of said State, desiring and intending to vote for the said George 
W. Murray, and, upon his attempting to so vote, was denied the right to so vote, 
and his vole thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration, under the laws of South Caro¬ 
lina being entitled to such registration, but had been refused and denied the right 
to register; and further states that if he had been permitted to register and to vote 
at said election he would have voted for the said George W. Murray, the Republican 
candidate for Congress in said district. 

D. D. (his x mark) Davis. 

Witnesses: 

C. R. Baily. 

I. R. Reed. 


Personally appeared D. D. Davis, and made oath that the above statement is cor¬ 
rect. 

[l. s.] I. R. Reed, Notary Public , ,S. C. 

Hardeeville, 8. C., November 3, 1896. 


[Twenty-six affidavits, same as above, all taken before I. R. Reed, notary public, 
filed with this exhibit.] 


Blank No. 1. 


State of South Carolina, Beaufort County: 

This certifies that the undersigned, being over the age 21, male, resident of the 
voting precinct Hardeeville, of Ward —, and legally qualified to register and vote 
therein, did, on this, the 3d day of November, 1896, present himself at the said voting 
precinct to vote for Geo. W. Murray, the Republican candidate for Congress in the 
First district of said State, desiring and intending to vote for the said Geo. W. Mur¬ 
ray, and, upon his attempting to so vote, was denied the right to so vote, and his 
vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration, under the laws of South Caro¬ 
lina being entitled to such registration, but had been refused and denied the right 
to register; and he further states that if he had been permitted to register and to 
vote at said election, he would have voted for Geo. W. Murray, the Republican can¬ 
didate for Congress in said district. 

And the undersigned further states that he is qualified even under the present con¬ 
stitution, as he can read and write, as evidenced by the fact that he signs this in his 
own handwriting. 

John Jones. 

Witnesses: 

C. R. Baily. 

I. R. Reed. 

Personally appeared John Jones, and made oath that the above statement is cor¬ 
rect. 

[seal.] I R. Reed, Notary Public, S. C. 

Hardeeville, S. C., November 3, 1896. 

[Twenty affidavits, same as above, all taken before I. R. Reed, notary public, filed 
with this exhibit.] 


MURRAY YS. ELLIOTT. 


267 


Took a recess of one hour, from 5.30 p. m. to 6.30 p. m. 

Examination resumed at 7 p. m. 

B. F. DEVEAUX, sworn, testifies: 

Q. What is your name, age, occupation, and place of residence ?—A. B. F. Deveaux; 
34; restaurant keeper; Beaufort, S. C. 

Q. Do you hold a registration certificate under the new constitution?—A. I do not. 

Q. Did you apply for one; and, if so, when and to whom?—A. Yes; in May, 1896; 
to the board of registration. 

Q. What reason did they give for refusing to register you?—A. Because I couldn’t 
read the section given me satisfactory to the board. 

Q. Had you paid your taxes before and did you present your tax receipt when you 
applied for registration?—A. Yes; I did. 

Q. Can you tell me what section of the constitution you were required to read?— 
A. Yes, sir; fourth section, judicial department in the constitution. 

Q. Were you allowed to vote at the last election?—A. No, sir; I didn’t try. 

Q. Why did you not try?—A. Because I didn’t get a certificate from the board of 
registration. 

Q. It you had got a certificate and had been allowed to vote for whom would you 
have voted for for Congressman from this district?— A. Mr. George W. Murray; I be¬ 
lieve that is his name; I don’t know. 

Q. Don't you know that Geo. W. Murray was the regular Republican candidate?— 
A. I do. 

Cross-examination: 

Q. Who was the candidate of the Republican party in the First Congressional 
district of South Carolina to the United States House of Representatives at the last 
election?—A. Geo. W. Murray. 

Q. Have you ever moved away from Beaufort in recent years?—A. No. 

Benj. F. Deveaux. 

Sworn to and subscribed before me this 3d day of February, A. D. 1897. 

Macon B. Allen, Notary Public. 

R. G. GREEN, sworn, testifies: 

Q. What is your name, age, occupation, and place of residence?—A. R. G. Green; 
55-£; baker; Beaufort, S. C. 

Q. How long have you been a voter at this precinct?—A. About twenty years or 
more. 

Q. Do you hold a certificate under the new constitution?—A. No. 

Q. Did you apply for one? And if so, state when.—A. Yes; in November. 

Q. When did you apply for your registration certificate?—A. In November. 

Q. To whom did you apply, and where?—A. To the board of registration at the 
court-house. 

Q. Was it before or after the ©lection that you applied; and if before, how long 
before?—A. Before; about three weeks or a month before. 

Q. What reason did they give for refusing to register you?—A. I read all the sec¬ 
tion they gave me, and these words were not satisfactory to the board. 

Q. Did you offer to vote at the Federal poll at the last election? And if you had 
been allowed to vote, for whom would you have voted for for Congressman from this 
district?—A. Yes; Geo. W. Murray. 

Cross-examination: 

Q. Have you left Beaufort recently?—A. No, sir. 

Q. Didn’t you go to Charleston some time ago?—A. I did, sir. 

Q. What did you go there for?—A. I was accused by two men who were boarding 
with me, and owed me $3.50 apiece, and I went down to Port Royal to see the trial 
justice if I could get my money from them through a trial justice, and they did that 
for spite; was tried for selling whisky, and acquitted. 

Q. Please explain the following: “Electors in municipal elections shall possess the 
qualifications and be subject to the disqualifications herein prescribed.”—A. I refuse. 

R. G. Green. 

Sworn to and subscribed before me this 3d day of February, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 

PAUL BEST, sworn, testifies: 

Q. What is your name, age, occupation, and place of residence?—A. Paul Best; 41; 
engineering; Beaufort, S. C. 


268 


MURRAY YS. ELLIOTT. 


Q. Do you hold a certificate under the new constitution? And if so, did you vote 
at the last election?—A. I do, sir; but was prohibited from voting. 

Q. Did you present your certificate and tax receipt when you oftered to vote? 

A. I did. ‘ 

Q. Have you ever been convicted of any crime?—A. Never in my life. 

Q. Who prevented you from voting?—A. The officers they had at the box. 

Q. What reason did they give for refusing to let you vote?—A. Fraudulent regis¬ 
tration. 

Q. For how many years have you been a voter of this precinct?—A. Since 1883; I 
came down in 1882. 

Q. Were you not regularly registered by the board of registration for this county, 
and was not your tax receipt issued to you by the county treasurer of this county?— 
A. Yes. 

Q. When did you pay your taxes?—A. I paid my taxes last year, but don’t remem¬ 
ber the month. 

Q. Do you remember whether that tax was paid six months before the election or 
not?—A. It was. 

Q. If you had been allowed to vote, for whom would you have voted for for Con¬ 
gressman from this district?—A. Geo. W. Murray. 

Q. Did anyone try to get you to get the managers to allow you to vote? And if 
so, state whom. 

(Counsel for contestee objects to this testimony and similar testimony of the wit¬ 
ness, on the ground that it is not in response to any allegation in the notice of con¬ 
test.) 

A. Mr. J. I. Washington. 

Cross-examination: 

Q. Have you your registration certificate with you?—A. N<~ ^ &t my room. 

Q. Have you your tax receipt with you?—A. No; at my room. 

Q. What is the name on your registration certificate? I mean the person to whom 
it is issued.—A. Paul Best, jr. 

Q. What is the name on your tax receipt, as the name of the person from whom 
the tax was received?—A. 1 should have said “Paul Best” on my registration cer¬ 
tificate; “Paul Best, jr.,” is on my tax receipt. 

Paul Best. 

Sworn to and subscribed before me this 3d day of February, A. I). 1897. 

Macon B. Allen, Notary Public. 

Adjourned to meet at 10 o’clock tomorrow morning. 

Beaufort, S. C., February 4, 1897. 

Pursuant to adjournment last night, the examination of witnesses was resumed 
this morning at 11.30 o’clock. 

Present: J. I. Washington, Esq., attorney for contestant, and Wm. Elliott, jr., 
Esq., attorney for contestee. 


JOHN HOUSTON, sworn, testifies; 

Q. What is your name, age, occupation, and place of residence?—A. John Houston; 
63; bricklayer; Beaufort, S. C. 

Q. For how many years have you been a voter of this precinct?—A. Ever since 
there was voting. 

Q. Do you hold a certificate under the new constitution?—A. No. 

Q. Did you apply for one? And if so, state when and to whom?—A. To the office 
at Beaufort, after Decoration Day, to Mr. Peck and Mr. Verdier. 

Q. What reason did they give for refusing to register you?—A. The word “ recog¬ 
nizances” they said, I did not pronounce right. 

Q. State, if you remember, what section of the constitution did they require you 
to read, and did they require you to explain any section or part of section, after 
reading?—A. I don’t remember; no. 

Q. Did you offer to vote at the federal poll at last election, and if so, were you 
allowed to vote?—A. Yes; but was not allowed by the managers to vote. 

Q. If you had beeu allowed to vote for whom would you have voted for for Con¬ 
gressman from this district?—A. Murray. 

Cross-examination: 

Q. Please state who was the candidate of the Republican party from the Second 
Congressional district of South Carolina to the United States House of Representa¬ 
tives at the last election.—A. Murray aqd Elliott; wasn’t it? 


MURRAY VS. ELLIOTT. 269 

Q ; . Can you read section 23 of article 4 of the present constitution of this State, 
which I now hand you?—A. I can read. I can’t read without specs. 

John Houston. 

Sworn to and subscribed before me this 4th day of February, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 

W. C. ROBINSON, sworn, testifies: 

Q. What is you name, age, occupation, and place of residence?—A. W.C. Robin¬ 
son; 25; printer; Beaufort, S. C. 

Q. Uo you hold a certificate under the new constitution?—A. Yes, sir. 

Q. Did you offer to vote at the Federal poll at the last election; and if so, were 
you allowed to vote?—A. Yes; but was not allowed to vote by the managers. 

Q. When did you pay your taxes?—A. January 14, 1896. 

Q. When did you get your registration certificate?—A. September 6, 1896. 

Q. Who issued your tax receipt to you?—A. Joseph S. Reed, the treasurer. 

Q. Please state who signed your registration certificate?—A. J. S. Berg and J. G. 
Verdier, members of the board of registration of Beaufort County. 

Q. What reasons, if any, did the managers give for denying you the right to 
vote?—A. Said my name was marked “Fraudulent registration.” 

Q. Were you ever tried or convicted of any crime?—A. No, sir. 

Q. If you had been allowed to vote, for whom would you have voted for Congress¬ 
man from this district? 

(Counsel for contestee moves that the above testimony be striken out, and objects 
to all further testimony of like nature, on the ground not in response to any allega¬ 
tion in the notice of contest.) 

A. Murray. 

Cross-examination: 

Q. What is your present occupation?—A. Printer. 

Q. Who is now employing you as a printer?—A. The Republican Advocate Pub¬ 
lishing Company. 

Q. Please state who the editors of that paper are.—A. J. I. Washington. 

Q. Is he the same J. I.Washington now acting as attorney for contestant?—A. Yes. 

Q. How long have you been a citizen of Beaufort?—A. All my life. 

Q. Have you moved away from Beaufort recently?—A. Yes. 

Q. Where did you move to?—A. Elizabeth, N. J. 

Q. What employment did you have in Elizabeth, N. J. ?—A. Printer. 

Q. When did you move there?—A. I went there in March, 1896, and moved back 
in August the same year. 

Q. Please state with whom you were employed while there.—A. Cook & Hall, job 
printers, and on Elizabeth Daily Journal. 

Q. Please state the address of Cook &, Hall.—A. Elizabeth avenue, Elizabeth, 
N. J. I don’t remember the number. 

Q. When you were first employed by them, was it intended that your employment 
should be permanent?—A. No; I was only a substitute. 

Q. Did you afterwards get permanent employment with them?—A. No, sir. 

Q. Did you get permanent employment with the Elizabeth Daily Journal?—A. 
No, sir. 

Q. Are you married?—A. Yes. 

Q. Did your wife accompany you to Elizabeth City, N. J.?—A. She did not; I 
sent for her afterwards. 

Q. How long did she remain there with you?—A. From May until August. 

Q. Please state where you and she resided after she arrived there.—A. 465 Penn¬ 
sylvania avenue. 

Q. Have you any children?—A. Yes. 

Q. Were they with you in Elizabeth City, N. J.?—A. Yes. 

Q. Why did you leave Elizabeth City?—A. I contracted a severe cold and the 
doctor advised me to go South. 

Q. Did you return direct from Elizabeth City to Beaufort?—A. I did. 

Q. Were you employed by anyone else except the two firms you have mentioned?— 
A. No, sir. 

Q. Were you not getting about $60 a month from the Elizabeth Daily Journal? 

(Counsel for contestant objects to the question on the ground that it seeks to bring 
out facts which can have no possible bearing on this case.) 

A. Yes; about $60. 

Q. Please state the date on your registration certificate.—A. September 8, 1896. 

Q. Do you recollect exactly what day in August, 1896, you returned to Beaufort, 
or about what day ?—A. The first part of the month—between the 15th and 18tli. 


270 


MURRAY VS. ELLIOTT. 


Q. When you left Beaufort for Elizabeth City, N. J., did you intend ever to return 
to Beaufort if you got constant employment in Elizabeth City?—A. Yes. 

Q. Would you have returned to Beaufort to live there if the doctor had not advised 
you to do so on account of your health?—A. I would, but perhaps not so early. 

Redirect: 

Q. Before you were employed by either of these linns in Elizabeth City, N. J., 
what was it necessary for you to do?—A. To become a member of the Elizabeth City 
Typographical Union. 

(Counsel for contestant requests notary to enter upon the record a copy of wit¬ 
ness’s tax receipt and registration certificate.) 

No. 6894.] Beaufort County, S. C., January 14, 1896. 

Received from W. C. Robinson one ^ 0 5 0 dollars for taxes due on the following- 
described property for the fiscal year commencing November 1st, 1894, viz: 10 mills 

levy for all purposes,-; lots,-; acres,-; buildings,-; value, $-. 15 

percent penalty, 15; poll tax, 1; personal property,-; total value,-. Total 

tax, $1.15. 

Joseph S. Reed, Treasurer. 

State of South Carolina, 

Registration certificate No. 1087. 

This is to certify that W. C. Robinson is a registered elector of the election dis¬ 
trict or county of Beaufort; resides in Beaufort township or parish or ward; is 25 
years of age, and is entitled to vote at Beaufort voting place, in Beaufort polling pre¬ 
cinct, if otherwise qualified. Registered on the 8th day of Sept., 1896. 

J. S. Berg, J. G. Verdier, members of the board of registration of Beaufort County. 

W. C. Robinson. 

Sworn to and subscribed before me this 4th day of February, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 

ROBERT J. ROBINSON, sworn, testifies: 

Q. What is your name, age, occupation, and place of residence?—A. Robert J. 
Robinson; 26; brick mason; Beaufort, S. C. 

Q. Do you hold a certificate under the new constitution?—A. No. 

Q. Did you apply for one? And if so, when and to whom?—A. Yes. When Cap¬ 
tain Peck was here, but can’t remember the date. Don’t remember the name of the 
other man. 

Q. Where was their office?—A. In the court-house. 

Q. State, if you remember, what section of the constitution they gave you to 
read.—A. Fourth section in “Judiciary Department.” 

Q. Did they require you to explain anything after reading?—A. Yes, sir. 

Q. What reason did they give for refusing to register you?—A. After I read they 
asked me questions, and I told them it wasn’t necessary for me to answer questions 
after reading. 

Q. Did you offer to vote at the Federal poll at last election; and if so, were you 
allowed to vote?—A. I applied, but was not allowed to vote. 

Q. If you had been allowed to vote, for whom would you have voted for Congress¬ 
man from this district?—A. Murray. 

Cross-examination: 

Q. Who were the managers at the Federal poll, Beaufort precinct, at the last elec¬ 
tion?—A. Maner Baker. I don’t remember the other man’s name. 

Q. Was not Dr. N. J. Kennedy one of the managers?—A. Yes; he was. 

Q. Is he a white man or a colored man?—A. He is a colored man. 

Q. Did you appeal from the decision of the board of registration?—A. Yes; I did. 

Q. Who prepared your appeal for you?—A. Reed. 

Robert J. Robinson. 

Sworn to and subscribed before me this 4th day February, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 

AARON MIDDLETON, sworn, testifies: 

Q. What is your name, age, occupation, and place of residence?—A. Aaron Middle- 
ton; 46; drayman; in Beaufort, S. C. 

Q. How long have you been a voter at this precinct?—A. Since 1872. 

Q. What positions, if any, have you held in the Republican party of this county?— 
A. At one time I was elected precinct chairman for two years. I was county Con¬ 
gressional chairman for two years; elected again as county chairman. 









MURRAY YS. ELLIOTT. 271 

Q. Are you not now county chairman, and is not this your second term as such?— 
A. Yes. 

Q. Please state about how much taxes you now pay.—A. My tax is $13.75. 

Q. Do you hold a certificate under the new constitution?—A. No; I hold one under 
the old. 

Q. Did you apply for one? And if so, state when and to whom.—A. Yes; some time 
in September, I think, to the board of registration. 

Q. Please state what reason they gave for refusing to register you?—A. Said I 
didn’t read satisfactory to them. 

Q. What word did they claim you pronounced wrong?—A. “ Perquisite.” After I 
read they wanted me to explain. 

Q. Were not there rumors around town to the effect that the board intended to 
turn down the head of the party in the county? 

(Counsel for contestee objects to the question, on the ground that it is leading, calls 
for hearsay evidence, and is illegal.) 

A. General rumor. 

Q. If you had been allowed to vote at the last election, for whom would you have 
voted for for Congressman from this district?—A. George W. Murray. 

Cross-examination: 

Q. Did you not state to a member of the board of registration that it would look 
bad for you, the county chairman, to be rejected, and that if he would register you 
you would promise not to vote at the election?—A. No, sir; he wouldn’t believe me 
if I told him .so. 

Q. Did you not make such a statement to J. F. Peck?—A. No; I never had a word 
with him while he was in office. 

Q. In reply to a question as to whether you were supporting George W. Murray or 
Cecil Cohen, did you not reply that you had not yet been employed by either side?— 
A. I did say that. 

Q. How long were you preparing yourself on reading the constitution before you 
applied for registration?—A. I don’t know; 1 kept no run of it. 

Q. About how long?—A. I don’t know; from time to time. 

Q. How did you prepare yourself?—A. I read it over from time to time; I don’t 
know how often. 

Q. Who helped you to prepare yourself on it?—A. I think Mr. Washington one 
time; Deveaux, Wigg, Watson, Gibber, and, I think, one time Riley, and I read 
satisfactorily. I thought it hard to break by me. 

Q. Didn’t you attend a regular school to prepare yourself on the constitution?— 
A. I attended there three times. 

Q. Who was conducting that school?—A. I don’t know; sometimes Washington 
was there, sometimes Wiggs; 1 don’t know who conducted it. 

Q. The Washington you refer to, is he the J.I. Washington, attorney for contest¬ 
ant?—A. Yes. 

Q. Did you try to explain when they asked you to do so—I mean the registration 
officers?—A. I told them I didn’t know what the word “perquisite” means. 

A. Middleton. 

Sworn to and subscribed before me this 4th day of February, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 

Adjourned till 10 o’clock to-morrow morning. 

Beaufort, S. C., February 5, 1897. 

Pursuant to adjournment, the examination of witnesses was resumed at 12 o’clock 
noon. 

Present: J. I. Washington, esq., attorney for contestant, and Win. Elliott, jr., esq., 
attorney for contestee. 

Dr. E. M. PINCKNEY, sworn, testifies: 

Q. What is your name, age, occupation, and place of residence?—A. E.M. Pinck¬ 
ney; 42; physician and also notary public; Beaufort, S. C. 

Q. Where were you on the 3d day of November last, the day of election?—A. I left 
Beaufort at about half past 7 for Greys Hill. 

Q. Were you at Greys Hill during the day; and if so, what were you doing there?— 
A. I was; taking affidavits. 

Q. If you remember, please state how many affidavits were taken by you on that 
day.—A. They are here; I have forgotten the number; I think there are about 300, 
or more. 

Q. About how many Republicans appeared at the polls at that precinct on that 
day and offered to vote, but were refused?—A. The number of these for whom I took 
affidavits. 


272 


MURRAY VS. ELLIOTT. 


Q. I notice that there appear figures on some of the affidavits. To what do these 
figu res refer?—A. They are the numbers on the old registration certificates and on 
tax receipts. 

Q. Please take these affidavits, examine them, and see if they are the affidavits 
taken by you that day.—A. These are the identical ones. 

(Counsel for contestant offers in evidence the affidavits marked “Exhibit F.” 

Counsel for contested objects to the introduction of these affidavits on the follow¬ 
ing grounds: (1) Because the affiants themselves are the proper persons to testify. 
(2) Because they are not in response to any allegation in the notice of contest. (3) 
Because the contestee is by this method deprived of the right of cross-examination 
as to these witnesses.) 

Cross-examination: 

Q. Please state what you did with these affidavits after you had taken them on 
election day.—A. I brought them here and placed them in the custody of Mr. Wash¬ 
ington. 

Q. Do you mean the attorney now acting for contestant?—A. Yes. 

Q. Have you had them in your possession from that day till he handed them to you 
to-day?—A. No. 

(Counsel for contestee enters as a fourth and further ground of objection to the 
introduction of these affidavits because they have not been produced in the custody 
of the proper person, they having been in the possession of contestant’s attorney 
and produced from his custody.) 

Q. Please state who employed you to go to Greys Mill and take these affidavits.— 
A. J. I. Washington, esq. 

Q. Please count the affidavits introduced carefully and state to the notary how 
many there are.—A. I count 279. 

Q. Please count them over again carefully and see how many there are.—A. I have 
counted them more carefully and find 266. 

Q. Are you not an applicant for Federal appointment under McKinley’s Adminis¬ 
tration?—A. Yes; I am at present, but was not at the time when the affidavits were 
taken. 

Q. Please state whether or not you are receiving the support and indorsement of 
contestant.—A. Yes. 

Q. What office are you applying for?—A. Postmastership at Beaufort. 

E. M. Pinckney. 

Sworn to and subscribed before me this 5th day of February, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 

Exhibit F.—M. B. Allen, N. P. 

Blank No. 2. 

State of South Carolina, Beaufort County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct Grays Hill, of Ward —, aud legally qualified to register and vote 
therein, did on this the 3d day of November, 1896, present himself at the said vot¬ 
ing precinct to vote for Geo. W. Murray, the Republican candidate for Congress in 
the First district of said State, desiring and intending to vote for the said Geo. W. 
Murray, and, upon his attempting to so vote, was denied the right to so vote, and 
his vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such au attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register, and further states that if he had been permitted to register and to vote 
at said election, he would have voted for the said Geo. W. Murray, the Republican 
candidate for Congress in said district. 

Hickory (his x mark) Laurence. 

Witnesses: 

Wm. Stewart. 

Wm. Lawrence. 

Personally appeared Hickory Laurence and made oath that the above statement 
is correct. 

[seal.] E. M. Pinckney, Notary Public. 

Gray Hill, S. C., November 3, 1S96 . 

Blank No. 1. 

State of South Carolina, Beaufort County: 

This certifies that the undersigned, being over the age 21, male resident of the 
voting precinct, Grays Hill, of Ward —, and legally qualified to register and voto 
therein, did, on this the 3d day of November, 1896, present himself at the said 


MURRAY VS. ELLIOTT. 


273 


voting precinct to vote for George W. Murray, the Republican candidate for Con¬ 
gress in the First district of said State, desiring and intending to vote for the said 
George W. Murray, and, upon his attempting to so vote, was denied the right to so 
vote, aud his vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration, under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and he further states that if he had been permitted to register and to 
vote at said election he would have voted for George W. Murray, the Republican 
candidate for Congress in said district. 

And the undersigned further states that he is qualified even under the present 
constitution, as he can read and write, as evidenced by the fact that he signs this in 
his own handwriting. 

Richard Brown. 

Witnesses: 

Wm. Stewart. 

Wji. Lawrence. 

Personally appeared Richard Brown and made oath that the above statement is 
correct. 

[seal.] E. M. Pinckney, Notary Public. 

Grays Hill, S. C., November 3,1896. 

.[Two hundred and sixty-six affidavits, same as above, all taken before E. M. 
Pinckney, notary public, filed with this exhibit.] 

SAMUEL L. MAXWELL, sworn, testifies: 

Q. What is your name, age, occupation, and place of residence?—A. Samuel L. 
Maxwell; this coming July will make me 22; Beaufort, S. C. 

Q. Did you apply for a registration certificate under the new constitution; and 
if so, when?—A. Yes, sir; first week in August. 

Q. Did you get a certificate; and if not, why?—A. No; because not old enough. 

Q. Who said you were not old enough?—A. The registration officer. I think his 
name is Verdier. 

Q. When were you 21 years of age?—A. The 15th of July, 1896. 

Q. If you had been allowed to vote at last election, for whom would you have 
voted for for Congressman from this district?—A. Mr. Murray. 

Cross-examination: 

Q. Please state the names of your parents and where they live.—A. Elsie Max¬ 
well and Benj. Maxwell; in Beaufort, S. C.; my father is dead. 

Q. Did you carry anyone before the board of registration to prove that you were 
21 years of age?—A. No, sir. 

Q. Have you ever been away from Beaufort?—A. No, sir; I haven’t been away. 

Q. Please state when you were born.—A. July 15, 1875. 

Q. Can you read?—A. Yes. 

Q. Please explain the following: “Electors in municipal elections shall possess 
the qualifications and be subject to the disqualifications herein prescribed.” 

(Counsel for contestant objects to the question on the ground that this examina¬ 
tion is not for the purpose of testing the educational qualifications nor the witness’s 
knowledge of the meaning of sections or parts of sections of the constitution.) 

A. I refuse. 

Redirect examination: 

Q. What is the occupation of your mother?—A. Midwife. 

Q. What is the condition of her health?—A. Troubled with rheumatism. 

Q. Is it not a fact that she is so troubled with the rheumatism, and has been so 
troubled for several years, that she can hardly or scarcely get about. 

(Counsel for contestee objects to the above question, on the ground that it is not 
only leading, but actually putting testimony into words for the witness.; 

A. Yes, sir; she can get around. 

Q. I asked, Is it not a fact that she, on account of the rheumatism, can scarcely 
get around? 

(The same objection by contestee’s counsel.) 

A. She can hardly get around, sir. 

Q. What relation are you to me?—A. Brother-in-law. 

Samuel L. Maxwell. 

Sworn to and subscribed before me this 5th day of February, A. D. 1897. 

Macon B. Allen, Notary Public. 


Adjourned at 1.25 p. m. 

17745-18 



274 


MURRAY VS. ELLIOTT. 


State of South Carolina, County of Beaufort, in the First Congressional district: 

I, M. B. Allen, a notary public in and for tlie State of South Carolina, do hereby 
certify that the deponents herein mentioned and duly summoned, to wit, I. R. Reed, 
Benj, F. Deveaux, R. G. Green, John Houston, W. C. Robinson, Robert J. Robinson, 
A. Middleton, E. M. Pinckney, Samuel L. Maxwell, produced by contestant, personally 
appeared before me at Beaufort, in the county of Beaufort and within the Congres¬ 
sional district aforesaid, on the 3d, 4th, and 5tli days of February, 1897, and after 
being duly sworn to speak the truth, and nothing but the truth, in the matter of 
the said contested election, gave and subscribed the foregoing depositions; that I 
caused the testimony of said deponents, with the questions propounded by both con¬ 
testant aud contestee, to be reduced to writing, and in the presence of the witnesses 
and counsel, respectively, and caused said testimony to be carefully read to depo¬ 
nents before the same was subscribed by them; and I further certify that each and 
every erasure, substitution, and interlineation that appear in any part of the records 
of the foregoing depositions were made, substituted, or interlined in the presence of 
deponents, and before such depositions were subscribed by them or him. 

Witness my hand and seal this 26th day of April, 1897. 

[seal.] M. B. Allen, Notary Public. 

Notice of talcing depositions. 

To William Elliott, Contestee: 

You will please take notice that the undersigned will, at K. of P. Hall, St. Helena 
Island, in the County of Beaufort, State aforesaid, on Saturday, the 6th day of Feb¬ 
ruary, A. D. 1897, at 11 o’clock, a. m., before Macon B. Allen, notary public in and 
for the State of South Carolina, examine and take testimony of the witnesses whose 
names are hereto annexed, in relation to and touching the issues involved in the 
above case, and that said examination will continue from day to day until the same 
shall be completed. 

T. B. Rivers, M. S. Bailey, W. J. C. Warren, Sam’l Dudley, Joseph Bailey, Paul 
Holmes, S. E. Rivers, Joshua Wineglass, G. D. Eddings, H. C. Black, Jasper Green, 
F. J. Loundes, John Chaplin, Richard Johnson, Robert Green, and Henry Holmes, 
all of the precinct of Brick Church, in the County of Beaufort, State of South 
Carolina. 

J. I. Washington. 

Attorney for Geo. W. Murray, Contestant. 

Beaufort, S. C., February 4, 1897. 

Service accepted this 4th day of February, 1897, at Beaufort, S. C. 

Wm. Elliott, Jr., 
Attorney for Contestee. 

St. Helena Island, Brick Church Precinct, 

Beaufort County, S. C., February 6, 1897. 

Pursuant to adjournment, the examination of witnesses for this precinct was begun 
to-day at 11 o’clock a. m. 

Present: J. I. Washington, esq., attorney for contestant, and William Elliott, 
jr., esq., attorney for contestee. 

GABRIEL D. EDDINGS, sworn, testifies: 

Q. What is your name, age, occupation, and place of residence?—A. Gabriel D. 
Eddings; 41; farmer; on St. Helena Island, Brick Church precinct, South Carolina. 

Q. For how many years have you been a voter of this precinct?—A. About twenty 
years. 

Q. Do you hold a certificate under the new constitution?—A. I do not. 

Q. Did you apply for one; and if so, when and to whom?—A. I did; at Beaufort, 
in October; at the registration office in Beaufort. 

Q. Why did you not get one?—A. I could not get in at the time because the crowd 
was so large. The men they had managing the registration office didn’t care whether 
one got in or not. 

Q. How far did you live from the registration office?—A. About 10 miles. 

Q. About how many applicants, if you know, were unable to get into the office 
that day?—A. At the time I got there there were about 25 or 30 who could not o-et 
in and there were only 3 who could get in after I got there—from 12 o’clock to 4. & 

Q. Did ^ on offer to 'n ote at the 1 ederal poll at the last election; and if so were 
you allowed to vote?—A. Yes; but was not allowed to vote. 


MURRAY VS ELLIOTT. 275 

Q- If you had boeu allowed to vote, for whom would you have voted for Con¬ 
gressman from this district?—A. Mr. Murray. 

Q. State if you know about how many Republican votes were generally polled at 
this precinct at the elections prior to that of last year. 

(Counsel for contestee objects to the question, and moves that the above testimony 
be stricken out, and all like testimony, on the ground that it is not in response to 
any allegation in the notice of contest, and further as to this particular question, 
because it calls for hearsay evidence, the records as to past elections at this poll 
being the best evidence.) 

A. Usually, more or less, 600. 

Q. State, if you know, about how many white men reside on this island.—A. Be¬ 
tween 12 and 14. 

Q. About how many colored men reside on this island?—A. There ought to be 
between 700 and 800. 

Q. In order for the voters of this precinct who live at Coffins Point and Lands End 
to get to Massey’s Ferry, how far would most of them have to travel?—A. Fourteen 
to 16 miles. 

Q. How far would they have to travel to get to the court-house in Beaufort?—A. 
About 17 or 17| miles. 

Q. Do you kuow Chance Green and Will Scott?—A. I do. 

Q. Do you know Paul Holmes, W. J. C. Warren, and Joseph Bailey?—A. I do. 

Q. State, if you know, whether Chance Green or Will Scott is as good a scholar as 
Paul Holmes, W. J. C. Warren, or Joseph Bailey. 

(Counsel for contestee objects to above question as improper, because it is intended 
thereby to lead the witness into expressing an opinion without any foundation as to 
the knowledge of the facts whereon an opinion would be based.) 

A. They are not. 

Q. State, if you know, for whom Chance Green and Will Scott have been voting 
and working for for Congressman in recent elections.—A. They have always been 
working for Colonel Elliott. 

Cross-examination: 

Q. Did you return to the registration office the day after the day you say you 
failed to get in?—A. I did not. 

Q. What day in October did you apply?—A. I didn’t keep account of the date, 
but know it was in October. 

Q. Was that the only day you applied for registration?—A. Yes; I was so pro¬ 
voked I swore I wouldn’t go back again. 

Q. Was that the last day or next to the last day the office closed?—A. No. 

Q. Was that next to the last day the registration books closed before the general 
election, November 3, 1896?—A. I believe I answered that question before. I kept 
no record of the date, but I know it was in October. 

Q. Please state the vote at this poll in 1894 at the Federal box.—A. I do notknow 
how many votes were polled at the Federal box, because I did not stay out after I 
voted. 

Q. Please state the vote in 1892.—A. I don’t know. 

Q. If you don’t know the vote in 1894 or 1892, how is it you are ready to swear so 
quickly as to the number of votes generally cast at this poll? 

(Counsel for contestant objects to question relative to the vote in 1894 and 1892 on 
the ground that returns of the managers of those years are the best evidence.) 

A. Because I was supervisor at the Federal poll in 1886, at Small’s and Elliott’s 
election to Congress. 

Q. How many people were there present at the registration office the day you 
applied?—A. When I reached there there were about 25 or 30, as well as I could see. 

C>. Please state who the managers were at this poll at last election.—A. Mr. Wil¬ 
kins and Mr. Tripp. 

Q.' Were there only two managers?—A. Chance Green was there. 

Q. Is Chance Green a white man or a colored man?—A. A colored man. 

Q. Had you paid your poll tax when you applied for registration?—A. Yes; except 
for 1893 storm tax. 

Q. When did you pay your poll tax for last year?—A. At the legal opening. 

Q. Did Chance Green work for Wm. Elliott at last election?—A. He has been work¬ 
ing for him from 1886 in all elections as far as I know. 

Q. I asked you about the last election, do you know whether he worked for him 
or not?—A. It is more than I can swear to. 

G. D. Eddings. 

Sworn to and subscribed before me this 6th day of February, A. D. 1897. 

["seal.] Macon B. Allen, Notary Public. 


276 


MURRAY VS. ELLIOTT. 


S. E. RIVERS, sworn, testifies: 

Q. What is your name, age, occupation, and place of residence?—A. S. E. Rivers; 
50; farmer; on St. Helena. 

Q. Where were you on election day last?—A. At the Federal poll. 

Q. How long were you there and what did you do?—A. I was there from the open¬ 
ing of the poll to the closing of the poll, taking affidavits. 

Q. State, if you remember, how many such affidavits were taken by you on that 
day.—A. About 400 and odd; I don’t remember the odd; some with two names on them. 

Q. Please examine these affidavits and see if they are the ones taken by you that 
day.—A. Yes; these are the affidavits I took on the day of election. 

(Counsel for contestant offers said affidavits in evidence, to be marked “ Exhibit G.’ ; 

Counsel for contestee objects to the introduction of the affidavits ou the follow¬ 
ing grounds: First, because affiants are the proper persons to testify; second, because 
they are not in response to any allegations in notice of contest; third, because con- 
testoe is by this method deprived of the right of cross-examintion as to these wit¬ 
nesses.) 

Cross-examination: 

Q. What did you do with these affidavits after you had taken them on election 
day?—A. I carried them down to my place that night, and the next day I took them 
over to Beaufort and gave them to J. I. Washington, esq. 

Q. Have you had these affidavits in your possession since then till he handed them 
to you to-day?—A. No. 

(Counsel for contestee objects to these affidavits on the further ground that they 
were not produced from the custody of the proper officer.) 

Q. Did you see each one of these men sign his name to these affidavits?—A. Yes; 
each one in my presence. 

Q. Please count these affidavits.—A. I count 416. 

Q. Are you a registered voter?—A. No; I didn’t register. 

Q. Did you apply for registration?—A. I went down to White Hall Ferry, but 
they were so crowded I couldn’t register. 

Q. Did you ever apply again?—A. No; because I was sick off’ and on and couldn’t 
get back before the office closed. 

Q. When did you apply at White Hall Ferry?—A. I think it was in August, but I 
can’t remember the date. 

Q. How far is it from where you live to Beaufort?—A. About 8 miles to the ferry. 

Q. Had you paid your poll tax?—A. l r es, and general tax, altogether. 

Q. When did you pay your taxes for the year previous to election?—A. In Novem¬ 
ber, 1895. 

Redirect examination: 

Q. About how many persons were present applying for a certificate when you 
applied?—A. About fifty. 

Q. How many of them were white men?—A. None of them. 

Q. How many of them, if you remember, were registered?—A. I think about three 
or four of them. 

S. E. Rivers. 


Sworn to and subscribed before me this 6th day of February, 1897. 

[seal.] Macon B. Allen, Notary Public. 

Exhibit G.—M. B. A., N. P. 

Blank No. 2. 

State of South Carolina, Beaufort County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct, B. C., and legally qualified to register and vote therein, did, on 
this the 3d day of November, 1896, present himself at the said voting precinct to 
vote for Geo. W. Murray, the Republican candidate for Congress in the First district 
of said State, desiring and intending to vote for the said Geo. W. Murray, and, 
upon his attempting to so vote, was denied the right to so vote, and his vote thus 
offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register, and further states that if he had been permitted to register and to vote 


MURRAY VS. ELLIOTT. 


277 


at said election, lie would have voted for the said Geo. W. Murray, the Republican 
candidate for Congress in said district. 

, T . James (his x mark) Green. 

yY ltnesses: 

M. C. Black, 

Jackson G. Brown. 

Personally appeared James Green and made oath that the above statement is 
correct. 

S. E. Rivers, Notary Public. 

Frogmore, S. C., Nov. 3, 1896. 

[f our hundred and sixteen affidavits, same as above, all taken before S. E. Rivers, 
notary public, tiled with this exhibit.] 


Blank No. 1. 

State of South Carolina, Beaufort County: 

This certifies that the undersigned, being over the age 21, male resident of the vot- 
ing precinct Brick Church and legally qualified to register and vote therein, did, on 
this, the 3d day of November, 1896, present himself at the said voting precinct to 
vote tor Geo. W. Murray, the Republican candidate for Congress in the First district 
of said State, desiring and intending to vote for the said Geo. W. Murray, and, upon 
his attempting to so vote, was denied the right to so vote, and his vote "thus offered 
to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration, under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and he further states that if he had been permitted to register and to 
vote at said election, he would have voted for Geo. W. Murray, the Republican candi¬ 
date for Congress in said district. 

And the undersigned further states that he is qualified even under the present con¬ 
stitution, as he can read and write, as evidenced by the fact that he signs this in his 
own handwriting. 

Jasper Green. 

Witnesses: 

T. A. Bolles. 

M. C. Washington. 

Personally appeared Jasper Green and made oath that the above statement is cor¬ 
rect. 

[seal. ] S. E. Rivers, Notary Public. 

Frogmore, S. C., Nov. 3, 1896. 


T. B. RIVERS, sworn, testifies: 

Q. What is your name, age, occupation, and place of residence?—A. T. B. Rivers; 
37; farmer; St. Helena Island, Scott Place. 

Q. How long have you been a voter at this preciuct?—A. About sixteen years. 

Q. Do you hold a registration certificate under the new constitution?—A. No. 

Q. Did you appty for one; and if so, when and to whom?—A. Yes; in October; to 
the board of registration. 

Q. Please state what reason did they give for refusing to register you.—A. They 
said I pronounced two words incorrectly. 

Q. Did you make any other application to them?—A. Yes; I did. 

Q. Did they allow you to read again?—A. No; they did not. 

Q. What has been your occupation, if any, in addition to farming?—A. I was 
teaching school, but since I took sick I stopped teaching. 

Q. For how many years were you engaged in school-teaching?—A. Four years 
before I was taken sick. 

Q. During the time you were teaching school what grade of teachers’ certificate 
did you hold?—A. Third grade. 

Q. Did you offer to vote on election day; and if so, were you allowed to vote?—A. 
No, sir; I didn’t offer to vote because I thought I would be doing wrong, as I didn’t 
have a registration certificate. 

Q. If you had had your certificate for whom would you have voted for for Con¬ 
gressman from this district?—A. For Mr. Murray. 


278 


MURRAY VS. ELLIOTT. 


Cross-examination: 

Q. When and where did you apply for registration the second time you applied ?— 
A. In Beaufort, at the court-house. I think it was in November. 

Q. When did you apply the lirst time?—A. In October. 

Q. Had you paid your poll tax when you lirst. applied?—A. Yes. 

Q. Please state when, or about when, you paid it.—A. I paid my taxes in Decem¬ 
ber, 1895. 

Q. Was the registration office crowded with applicants the second time you 
applied?—A. There were a lot at the door, but I squeezed my way in. 

Q. How many applicants were examined that day?—A. I don’t know; I wasn’t 
there all day, only about a couple of hours and three went in; one came out registered 
and the others did not. 

Q. Did you apply for a renewal of your school-teacher’s certificate when it ex¬ 
pired?—A. No, sir; I have stated that when I was taken sick I stopped teaching 
school. 

Q. Please state when and where you last taught school.—A. On Beaufort Island, 
Stewart Point Place. 

T. B. Rivers. 

Sworn to and subscribed before me this 6th day of February, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 

M. S. BAILEY, sworn, testifies: 

Q. Name, age, occupation, and place of residence.—A. M. S. Bailey; 33; farmer; 
Oliver Fripp’s Place, St. Helena Island. 

Q. How long have yon been a voter of this precinct?—A. Thirteen years. 

Q. Do you hold a certificate under the new constitution?—A. No. 

Q. Did you apply for one; and if so, when and to whom?—A. Yes; in October; to 
the board of registration at Beaufort. 

Q. What reason did they give for refusing to register you?—A. They said one word 
was incorrect; that I pronounced one word incorrectly. 

Q. State, if you remember, what that word was and what you said to them about 
it.—A. The word was “controversy,” and they said the word was not pronounced 
right, and I asked them, “ Is not that word pronounced right?” and they said “no.” 

Q. Did they require you after reading to explain the section, or any part of it? 

(Counsel for contestee makes the same objection to this testimony and this ques¬ 
tion as to the witness, G. D. Eddings.) 

A. They just only asked what thar word means. 

Q. What has been your occupation in addition to that of farming?—A. Teaching 
school. 

Q. How many years have you been engaged in school teaching, and under what 
grade of teachers’ certificate have you taught?—A. Ten years, under second grade. 

Q. If you had been allowed to vote for whom would you have voted at the last 
election for Congressman from this district?—A. George Murray. 

Cross-examination: 

Q. Please state who conducted the last examination in which you applied for a 
school-teacher’s certificate.—A. A. S. Bascomb. 

Q. When was that?—A. In 1894, I think. 

Q. Have you applied at any examination since then?—A. No. 

Q. Did you apply at an examination held in 1895?—A. No. 

Q. Do you swear that the last examination you attended was conducted by A. S. 
Bascomb?—A. Yes. 

Q. What part of 1894 was the examination you attended held in?—A. October. 

Q. Are you now teaching school?—A. No. 

Q. When did you last teach school?—A. In 1894. 

Q. Is the certificate that you last taught under now valid to enable you to teach, 
or has it expired?—A. It expired this year. 

Q. So that you are now unable to teach school unless you get another certifi¬ 
cate?—A. Yes. 

Redirect: 

Q. Your school certificate was valid for two vears from the date of its issue, was 
it not ?—A. Yes. 

Q. You did not apply for a renewal of your school certificate last year, did you? 

(Counsel for contestee objects to leading questions being asked.) 

A. No. 

M. S. Bailey. 

Sworn to and subscribed before me this 6th day of February, A. D. 1897. 

Macon B. Allen, Notary Public. 

Adjourned for one hour at 3.05 p. m. Resumed at 4.05 p. m. 


MURRAY VS. ELLIOTT. 


279 


W. J. C. WARREN, sworn, testifies: 

Q. Name, age, occupation, and place of residence.—A. W. J.C. Warren; 33; farmer; 
on St. Helena Island, Frogmore plantation. 

Q. How long have you been a voter of this precinct?—A. About twelve years. 

Q. Do you hold a certificate under the new constitution?—A. No. 

Q. Did you apply for one; and if so, when and to whom?—A. Yes; to the regis¬ 
tration officers in April, 1896, and also in September, 1896, the second time. 

Q. V hat reasons did they give for refusing to register you?—A. Saying that I 
was not W. J. C. Warren; that he is a light-skinned man, and upon that he took me 
over to the treasurer’s office and asked Mr. Reed if I was the selfsame W. J. C. War¬ 
ren; if he knew me; and Mr. Reed testified that he did not know me personally, but 
that he did (counsel for contestee objects to witness saying what Mr. Reed told him 
or said on that occasion, especially since it has been proved that Mr. Reed is dead) 
know that there was but one W. J. C. Warren on St. Helena. 

Q. Did they examine you when you applied? 

(Counsel for contestee offers the same objection as to the testimony of G. D. 
Eddings.) 

A. They failed to, and I said I would take an appeal to the court. 

Q. Did they examine you in September when you applied?—A. No; I heard that 
they had sent for me the day after, and by having no team of my own 1 hired a 
horse and went immediately, and when I got there the office was closed, and that 
was the end of it. 

Q. Had you paid your taxes when you applied?—A. Yes. 

Q. If you had got your certificate for whom would you have voted at the last 
election for Congressman from this district?—A. For the Hon. Geo. W. Murray. 

Q. What, if anything, has been your occupation in addition to that of farming?— 
A. School teaching. 

Q. How many years have you been engaged in school teaching?—A. Six years. 

Q. Have you been teaching in private schools or the public schools of the county ?— 
A. In the public schools of tlie county. 

Cross-examination: 

Q. Are you teaching at present?—A. No, sir. 

Q. Did yon apply at the last examination for a certificate?—A. Yes, sir. 

Q. Please state who conducted that examination.—A. James Wigg. 

Q. When was that examination held?—A. In April. 

Q. What success did you meet with in that examination?—A. I obtained a certifi¬ 
cate. 

Q. Have you applied at any examination since then?—A. No, sir. 

Q. Is Mr. Reed dead or alive now?—A. Dead. 

Q. Have you your tax receipt with you now?—A. No. 

W. J. C. Warren. 

Sworn to and subscribed before me this 6th day of February, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 

Adjourned at 5 o’clock, p. m. 

State of South Carolina, County of Beaufort: 

I, M. B. Allen, a notary public in and for the State of South Carolina, do hereby 
certify that the deponents herein mentioned and duly summoned, to wit: G. D. Edd¬ 
ings, S. E. Rivers, T. B. Rivers, M. S. Bailey, W. J. C. Warren, and produced by con¬ 
testant, personally appeared before me at St. Helena Island, in the county of Beau¬ 
fort, and within the Congressional district aforesaid, on the bth day of lebruary, 
1897, and after being duly sworn to speak the truth, aud nothing but the truth, in 
the matter of the said contested election, gave and subscribed the foregoing deposi¬ 
tions; that I caused the testimony of said deponents, with the questions propounded 
by both contestant and contestee, to be reduced in writing, and in the presence of 
the witnesses and counsels, respectively, and caused said testimony to be carefully 
read to deponents before the same was subscribed by them; and I further certify 
that each and everv erasure, substitution, and interlineation that appear in any 
part of the records of the foregoing depositions were made, substituted, and inter¬ 
lined in the presence of deponents/and before such depositions were subscribed by 
them and him. 

Witness my hand and seal this 26th day of April, 1897. 

[seal.] M. B. Allen, Notary Public. 

Notice to take depositions. 

To William Elliott, Contestee: 

You will please take notice that the undersigned will, at Browns Store, Hilton 
Head Island, in the county of Beaufort, State aforesaid, on Monday, the 8th day of 


280 


MURRAY VS. ELLIOTT. 


February, A. D. 1897, at 12 o’clock in., before Macon B. Allen, notary public in and 
for the State of South Carolina, examine and take testimony of the witnesses whose 
names are hereto annexed, in relation to and touching the issues involved in the 
above case, and that said examination will continue from day to day until the same 
shall be completed. 

Eenty Miller, James Grant, Wm. Peeples, March Loche, Andrew Chisolm, Sandy 
Chisolm, James Grayson, Adam Loche, Richard Holmes, Gilbert Miller, and Sancho 
Christopher, all of the precinct of Chelby Hill, in the county of Beaufort, State ot 
South Carolina. 

J. I. Washington, 

Attorney for Geo. TV. Murray , Contestant. 

Beaufort, S. C., February 5, 1897. 

Service accepted this 5th day of February, 1897, at Beaufort, S. C. 

Wm. Elliott, Jr., 

Attorney for Contestee. 

Hilton Head Island, 

Beaufort County , S. C., February 8, 1897. 

Pursuant to notice, J. I. Washington, esq., attorney for contestant, and Wm. 
Elliott, jr., esq., attorney for contestee, with M. B. Allen, notary, met prepared to 
take testimony for Geo. W. Murray, contestant, at 12 noon, but no witnesses appear¬ 
ing, adjourned to take testimony at Bluffton 11 a. m. to-morrow, February 9, 1897. 

M. B. Allen, Notary Public. 

Notice to take depositions. 

To William Elliott, Contestee: 

You will please take notice that the undersigned will, at Bluffton, at Rileys Store, 
in the county of Beaufort, State aforesaid, on Tuesday, the 9th day of February, A. 
D. 1897, at 11 o’clock a. m., before Macon B. Allen, notary public in and for the State 
of South Carolina, examine and take testimony of the witnesses whose names are 
hereto annexed, in relation to and touching the issues involved in the above case, 
and that said examination will continue from day to day until the same shall be 
completed. 

P. A. Riley, Sharper Jenkins, Eddie Hamilton, Engine Brown, Smart Grant, Dick 
Wilson, Joe Ferebee, Toney Buncomb, and Butler Gifford, all of the precinct of 
Bluffton, in the county of Beaufort, State of South Carolina. 

J. I. Washington, 

Attorney for Geo. W. Murray, Contestant. 

Beaufort, S. C., February Gib, 1897. 

Service accepted this 6th February, 1897, at Frogmore, S. C. 

Wm. Elliott, Jr., 
Attorney for Contestee. 

Bluffton, Beaufort County, S. C., February 9, 1897. 

HLUFFTON PRECINCT. 

The taking of testimony was begun at this precinct at 11.30 o’clock a. m. to-day. 

Present: J. I. Washington, esq., attorney for contestant, and Wm. Elliott, jr., 
esq., attorney for contestee. 

PRINCE A. RILEY, sworn, testifies: 

Q. Name, age, accupation and place of residence.—A. Prince A. Riley; 43, or in 
that neighborhood; merchant and also notary; at Bluffton, S. C. 

Q. Where were you on the 3d of November last, election day"?—A. I was in Bluffton. 

Q. Where at in Bluffton?—A. In front of Snyder’s store, where they were voting. 

Q. How long were you there, and what were you doing?—A. I was there before 
the voting commenced and until the polls closed; I was there for the purpose of 
taking the testimony of those who applied to vote and were rejected. 

Q. How many affidavits did you take on that day, if you remember?—A. Well, 
there were about 116, more or less. 

Q. How long have you been a voter at this precinct?—A. About twenty years, 
more or less. 

Q. Did you vote at last Federal election; and if not, why not?—A. Well, I did 
not vote; I went in to try to vote and was rejected by the managers on account of 
not having a registration certificate under the new constitution. 


MURRAY VS. ELLIOTT. 


281 


Q. Did you apply for such a certificate? And if so, please state wlien, and to 
whom, and where.—A. Yes; I don’t know the date; to Mr. Berg, Mr. Vendier, and 
one Mr. Peck, at Fording Island Crossroads. 

Q. What reason did they give for refusing to register you?—A. That I could not 
read good enough to obtain a certificate under the new constitution. 

Q. State, if you remember, what word or words, if any, they claimed that you 
missed. 

(Couusel for contestee objects to the question, on the ground that it is not in 
response to any allegation in the notice of contest; and further, because the ques¬ 
tion is leading.) 

A. The word “ escheated.” 

Q. Did they require you to do anything else after reading?—A. Yes, sir. Yes; 
they asked me what “escheated property” meant. My answer was, that I thought 
“escheated property” meant land taken away from some one, but that I didn’t 
know the law and that it might not be the proper answer. 

Q. Then you were required both to read and to explain?—A. Yes. 

Q. While you were there, please state about how many colored and about how 
many white men were there applying for certificates.—A. There were about 40 odd 
colored men and about the same number of white men, as well as I could see. 

Q. State, if you know, about how many of the colored applicants and about how 
many of the white applicants were registered that day.—A. I know of 2 colored 
applicants, but I don’t know how many whites. 

Q. Was any one allowed in the place where the certificates were being issued 
except the supervisors?—A. Yes. 

Q. Please state about how many persons were on the inside when you went in.— 
A. I suppose about 10 or 15. 

Q. Were they white or colored men, or both?—A. All were white except myself. 

Q. Were they Democrats or Republicans?—A. I don't know, sir. 

Q. Do you know of any white Republicans living in that section?—A. 1 don’t 
know. 

Q. How far is Fording Island Crossroads from Bluffton ?—A. People say about 8 
miles. 

Q. What have you been engaged in doing in recent years in addition to that of 
merchant?—A. Teaching school. 

Q. Private or the public schools of the county?—A. Public schools of the county; 
at other times private. 

Q. For how many years have you been engaged in public-school teaching?—A. 
Well, from 1888 to 1895. 

Q. Please take these affidavits, examine them, and see if they are the affidavits 
taken by you on election day.—A. Yes; I see my signature to it; therefore it must be 
mine. 

Q. Please state positively whether they are or not the identical ones taken by you 
on election day.—A. They are. 

(Counsel for contestant offers these affidavits in evidence, marked "Exhibit H.” 

Counsel for contestee objects to the introduction of affidavits on the following 
grounds: (1) Because the affiants are the proper persons to testify. (2) Because 
they are not in response to any allegation in the notice of contest. (3) Because the 
contestee is deprived of the right of cross-examination as to these parties by this 
method.) 

Cross-examination: 

Q. Please state what you did with these affidavits after election day.—A. I sent 
them to Mr. Julius Washington, as I was requested. 

Q. Is he acting as attorney to-day for contestant?—A. Yes. 

Q. Have you had these affidavits in your possession from that time till to-day?— 
A. No. 

(Counsel for contestee otters as further objection that these affidavits have not been 
in the custody of the proper person.) 

Q. Please count these affidavits carefully.—A. I count 119. 

Q. Please state the dimensions of your store?—A. Ten feet by 25 feet. 

Q. Please state the value of your stock.—A. About $75, I guess. 

Q. Have you ever been convicted of any crime?—A. Never in my life. 

Q. Were you not tried before the United States district court in Charleston for 
fraud as notary public in connection with pension checks or claims? 

(Counsel for contestant objects to the question on the ground that witness has 
already sworn that he has never been convicted of any crime in his life, and that the 
records of the United States district court in Charleston is the best evidence with 
which to contradict him.) 

A. No. 

Q. Were these affidavits sworn to before you on election day?—A. Yes, sir; every 
one. 


282 


MURRAY VS. ELLIOTT. 


Q. Please examine affidavit, which I have picked out at random, and state if the 
word “Beaufort” is in your handwriting.—A. No. 

Q. Is the word “Bluffton,” the word next written in, in you own hand writing?— 
A. No. 

Q. Are those two words in the same handwriting?—A. No. 

Q. Please refer to the words “personally appeared, Frank Simmons.” Is the name 
“Frank Simmons” in your handwriting?—A. No. 

Q. Is the word “Bluffton,” at the foot of the page, in your handwriting?—A. No. 

Q. Please look over the affidavits and tell me if there are not many written in the 
same way as the affidavit of Frank Simmons which you just examined, with refer¬ 
ence to the word I just asked you about?—A. Yes, sir. 

Q. Can you read?—A. Yes. 

Redirect: 

Q. Is the body of those affidavits written or printed?—A. Printed. 

Q. Who executed those affidavits as notary public and whose seal of office is 
attached to them ?—A. Myself, and my seal. 

Q. You stated that your stock in store is valued aboutr$75. Will you please state 
the value of your real property?—A. I think a little over $500. 

Recross: 

Q. Please spell co the notary the name signed to these affidavits as notary public.— 
A. This is one spelt “P. A. Rily.” Another the same. All the same. P. A. R-i-l-y. 

Q. Please spell the name attached in the seal to the same affidavits.—A. R-i-l-e-y. 

Q. Have all the affidavits the same name in the seal?—A. Yes. 

P. A. Rily. 

Sworn to and subscribed before me this 9th day of February, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 


Exhibit H.—M. B. Allen, N. P. 

Blank No. 2. 

State of South Carolina, Beaufort County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct Bluffton, of Ward —, and legally qualified to register and vote 
therein, did, on this, the 3d day of November, 1896, present himself at the said 
voting precinct to vote for George W. Murray, the Republican candidate for Con¬ 
gress in the First district of said State, desiring and intending to vote for the said 
George W. Murray, and, upon his attempting to so vote, was denied the right to so 
vote, and his vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Carolina, 
being entitled to such registration, but had been refused and denied the right to 
register; and further states that if he had been permitted to register and to vote at 
said election he would have voted for the said George W. Murray, the Republican 
candidate for Congress in said district. 

James (his x mark) Brown. 

Witnesses: 

Abram Purchase, 

John Mill. 

Personally appeared James Brown and made oath that the above statement is 
correct. 

[seal.] P. A. Rily, Notary Public. 

Bluffton, S. C., November 3, 1896. 

Blank No. 1. 

State of South Carolina, Beaufort County: 

This certifies that the undersigned, being over the age 21, male resident of the 
voting precinct Bluffton, of Ward —, and legally qualified to register and vote 
therein, did, on this, the 3d day of November, 1896, present himself at the said voting 
precinct to vote for Geo. W. Murray, the Republican candidate for Congress in the 
First district of said State, desiring and intending to vote for the said Geo. W. 
Murray, and, upon his attempting to so vote, was denied the right to so vote, and 
his vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration, under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 


MURRAY VS. ELLIOTT. 


283 


to register; and he further states that if he had been permitted to register and to 
vote at said election he would have voted for Geo. W. Murray, the Republican can¬ 
didate for Congress in said district. 

And the undersigned further states that he is qualified even under the present 
constitution, as he can read and write, as evidenced by the fact that he signs this in 
his own handwriting. 

Sam Middleton. 

Personally appeared Sam Middleton and made oath that the above statement is 
correct. 

[seal.] p. a. Rily, Notary Public. 

Bluffton, S. C., Novembers, 1896. 

[One hundred and twelve affidavits, same as above, all taken before P. A. Riley, 
notary public, filed with this exhibit.] 

JOSEPH FEREBEE, sworn, testifies: 

Q. Name, age, occupation, and place of residence?—A. Joseph Ferebee; 53; farmer; 
in Bluffton township, near the Okatie. 

Q. How long have you been a voter of this precinct?—A. From 1872 up to now. 

Q. Do you hold a certificate under the new constitution?—A. No. 

Q. Did you apply for one; and if so, when, where, and to whom?—A. Yes; I don’t 
know the time; at Fording Island Cross Roads; to Mr. Peck, Mr. Berg, and Jimmy 
Verdier. 

Q. What reason did they give for refusing you?—A. They gave me a column to 
read, and in reading it I missed one word and they took me down. 

Q. Had yon paid your taxes before, and did you present your tax receipt when you 
applied to be registered?—A. Yes; I showed my old register and tax receipt. 

Q. After you had read did they require you to do anything?—A. They required me 
to answer a question. 

Q. State, if you remember, what question it was, and did you answer it?—A. I 
don’t remember the question, and didn’t answer it. 

Q. Did you offer to vote at the Federal poll at the last election; and if so, were 
you allowed to vote?—A. Yes; but not allowed to vote. 

Q. If you had been allowed to vote, for whom would you have voted for for Con¬ 
gressman from this district?—A. Murray. 

Q. When you applied to be registered, about how many persons were in the place 
besides the officers of registration?—A. Looked to me to be about three or four, as 
well as I can remember. 

Q. Were they white or colored meu?—A. All were white men. 

Cross-examination: 

Q. Do you own any property in this county?—A. Yes. 

Q. Have you ever moved away from this county?—A. No; never in my life; I was 
born here. 

Joseph Ferebee. 

Sworn to and subscribed before me this 9th day of February, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 

PRINCE A. RILEY recalled: 

Q. Did you offer to vote at the Federal polls at the last election, and if so, were 
you allowed to vote?—A. Yes; not allowed to vote. 

Q. Who prevented you from voting, and why?—A. The managers, because I had 
not the right certificate. 

Q. If you had been allowed to vote, for whom would you have voted for Con¬ 
gressman from this district?—A. Naturally I would have voted tor Mr. Murray. 

P. A. Riley. 

Sworn to and subscribed before me this 9th day of February, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 


EUGENE BROWN, sworn, testifies: 

Q. Name, age, occupation, and place of residence.—A. Eugene Brown; 21; farm¬ 
ing; Bluffton, S. C. 

Q. Do you hold a certificate under the new constitution?—A. No. 

Q. Did you apply for one: and if so, when, where, and to whom?—A. Yes; I 
don’t know rightly what time; at Fording Island Crossroads; to Berg, Peck, and 
Verdier. 


284 


MURRAY VS. ELLIOTT. 


Q. Wliat reason did they give for refusing to register you?—A. They said I was 
older than the statement 1 gave them. I told them I was born in 1875. 

Q. Did you take anyone with you to prove your age; and if so, whom?—A. Yes; 

Adam Bruin. , 

Q. Did you at any other time apply to be registered; and it so, to whom ana 
where?—A. Yes; to "Berg and Yerdier, at Beaufort, S. C. 

Q. About how far is Fording Island Crossroads and about how far is Beaufort 
from your home?—A. Fording Island Crossroads is about 8 miles. I don t know 
how far Beaufort is. 

Q. Which is farthest, Fording Island Crossroads or Beaufort?—A. Beaufort. 

Q. Did you offer to vote at the Federal polls at the last election; and if so, were 
you allowed to vote?—A. Yes; not allowed to vote. 

Q. If you had been allowed to vote, for whom would you have voted for Con¬ 
gressman from this district?—A. Murray. 

Cross-examination : 

Q. When did you apply for registration the second time?—A. In October. 

Q. What relation is Adam Bruin to you?—A. No relation at all, but knows me 
from my childhood. 

Q. Have you any parents living?—A. Yes. 

Q. Where do they live?—A. Bluffton, S. C. 

Q. Have you any uncles and aunts?—A. Yes. 

Q. Have you any grandparents living?—A. No. 

Q. When w r ere you born?—A. In 1875. 

Q. What month—A. May 15. 

Q. Are you certain it is not 1865?—A. No, sir; it is not 1865. 

Q. Who told you you were born in 1875?—A. My mother and father. 

Q. Have you paid any poll tax?—A. No. 

Eugene Brown. 

Sworn to and subscribed before me this the 9th day of February, A. D. 1897. 

[seal.] Macon B. Allen, Notary Public. 


BUTLER L. GIFFORD, sworn, testifies: 

Q. Name, age, occupation, and place of residence.—A. Butler L. Gifford; 32; 
farmer; near lfardeeville, lately moved there from Pritchardville. 

(Counsel for contestee objects to the further examination of this witness on the 
grouud that he has not received notice of examination of Butler L. Gifford of Hardee- 
ville precinct, or Hardeeville, but of Butler Gifford of Bluffton precinct, and as they 
are not the same parties counsel for contestee objects to his further examination. 

Counsel for contestant contends that under the law witnesses can testify in any 
portion of the district, and this witness, having testified that he recently lived in 
Bluffton precinct but recently moved near Hardeeville, is a competent witness for 
examination at this place if it be shown by the testimony that he is the identical 
Butler Gifford mentioned in the notice.) 

Q. Do you know any other person living in this section by the name of Butler 
Gifford, or Butler L. Gifford?—A. No, sir. 

Q. Do you know in what voting precinct is Pritchardville?—A. Bluffton. 

Q. How long since you moved from Pritchardville?—A. About ten months. 

Q. Do you hold a certificate under the new constitution?—A. No, sir. 

Q. Did you apply for one; and if so, when and to whom?—A. Yes; Beaufort; court 
week; September 11, if I am not mistaken; Yerdier and Berg. 

Q. What reason did they give for refusing to register you?—A. Said I was not 
qualified to register. 

Q. Did they require you to read?—A. Yes. 

Q. What word, or words, if any, did they claim you missed?—A. Said I failed to 
give the word “ exempt ” proper sound. 

Q. Did they require you to do anything after reading?—A. Yes. 

Q. Please state what.—A. Asked me to tell them what “ charitable ” means. 

Q. What definition, if any, did you give them of the word?—A. I told them 
“ charitable ” means “free gift.” 

Q. Did they ask anything else; and if so, what?—A. Yes; asked me what “sci¬ 
entific” means, and I stopped a moment, and they said that is enough for you. 

Q Did you offer to vote at the Federal poll at last election; and if so, were you 
allowed to vote?—A. No, sir; I did not offer to vote. 

Q. Why did you not offer to vote?—A. Because I did not have a certificate issued 
under the new constitution. 


MURRAY VS. ELLIOTT. 


285 


Q. If you liad had your certificate would you have offered to vote, and for whom 
would you have voted?—A. Yes; and would have voted for Murray. 

(Counsel for contestee declines to cross-examine witness, because, as stated above, 
he has received no notice of his examination.) 

B. L. Gifford. 

Sworn to and subscribed to before me this 9th day of February, A. D. 1897. 
[seal.] Macon B. Allen, Notary Public. 

Adjourned till 4.30 p. m. 


Resumed the taking of testimony at 4.30 p. m. 


RICHARD WILSON, sworn, testifies: 

Q. Name, age, occupation, and place of residence.—A. Richard Wilson; about 22; 
farm; Bluffton township. 

Q. Do you hold a certificate under the new constitution?—A. No. 

Q. Did you apply for one; and if so, when and to whom?—A. Yes; September, I 
think it was; at Beaufort; to Mr. Berg and Verdier. 

Q. What reason did they give for refusing to register you ?—A. They said I couldn’t 
read to satisfy them. 

Q. What word or words did they claim you missed?—A. The first was “ uniform ,” 
but I can not think of the other word. 

Q. If you had had a certificate and had been allowed to vote, for whom would yon 
have voted tor for Congressman from this district?—A. Mr. Murray. 

Q. How far do you live from Beaufort?—A. I don’t know; I hear some people say 
45 miles and some say 60; I don't know which is the distance. 

Cross-examination: 

Q. Who was the candidate at the last election from the First Congressional dis¬ 
trict of South Carolina to the United States House of Representatives of the Repub¬ 
lican party?—A. I don’t know. 

Q. Who were the candidates for President at the last election of the Democratic 
and Republican parties?—A. McKinley and Bryau. 

Q. Which was the Democrat?—A. Bryan. 

Q. Can you explain what “charitable and penal institutions” means? 

(Counsel for contestant objects to the question on the ground that this examina¬ 
tion is not for the purpose of testing the witness’s knowledge of the meaning of 
sentences.) 

A. No sir. 


Redirect examination: 

Q. For what office did Geo. W. Murray and Wm. Elliott run at the last election?— 
A. Congress. 

Richard Wilson. 

Sworn to and subscribed before me this 9th day of February, A. D. 1897. 

Macon B. Allen, Notary Public. 


SHARPER JENKINS, sworn, testifies: 

Q. Name, age, occupation, and place of residence.—A. Sharper Jenkins; 52; farmer; 
Barnwell, Bluffton district. 

Q. How long have you been a voter of this precinct?—A. Ever since 1867. 

Q. Do you hold a certificate under the new constitution? 

(Witness withdrawn.) 

Adjourned at 5 p. m. 

State of South Carolina, 

County of Beaufort, in the First Congressional district: 

I, M. B. Allen, a notary public in and for the State of South Carolina, do hereby 
certify that the deponents herein mentioned and duly summoned, to wit: P. A. 
Riley, Joseph Ferebee, Eugene Brown, B. L. Gifford, and Richard Wilson (and 
Sharper Jenkins, withdrawn) and produced by contestant, personally appeared 
before me at Bluffton, in the county of Beaufort, and within the Congressional dis¬ 
trict aforesaid, on the 9th day of February, 1897, and after being duly sworn to 
speak the truth, and nothing but the truth, in the matter of the said contested 
election, gave and subscribed the foregoing depositions. That I caused the testi¬ 
mony of said deponents, with the questions propounded by both contestant and 


286 


MURRAY VS. ELLIOTT. 


contestee, tube reduced to writing, and in the presence of the witnesses and coun¬ 
sels, respectively, and caused said testimony to be carefully read to deponents before 
the same was subscribed by them; and 1 further certify that each and every erasure, 
substitution, and in tori inaction that appear in any part of the records of the forego¬ 
ing depositions were made, substituted, or interlined in the presence of deponents, 
and before such depositions were subscribed by them or him. 

AVitness my hand and seal this 26th day of April, 1867. 

[seal.] M. B. Allen, Notary Public. 

Notices of taking depositions. 

To William Elliott, Contestee: 

You will please take notice that the undersigned will, at schoolhouse, Bellinger 
Hill, in the county of Beaufort, State aforesaid, on Wednesday, the 10th day of Feb¬ 
ruary, A. D. 1897, at 2 o’clock p. m., before B. W. Rivers, notary public in and for 
the State of South Carolina, examine and take testimony of the witnesses whose 
names are hereto annexed, in relation to and touching the issues involved in the 
above case, and that said examination will continue from day to day until the same 
shall be completed. Macon B. Allen, of Beaufort, S. GT, in the county of Beaufort, 
State of South Carolina. 

J. I. Washington, 

Attorney for Geo. TV. Murray, Contestant, 

Beaufort, S. C., February 8, 1897. 

Service accepted this 8th February, 1897, at Hilton Head, S. C. 

Wm. Elliott, Jr., Attorney for Contestee. 

To William Elliott, Contestee: 

You will please take notice that the undersigned will, at schoolhouse, Bellinger 
Hill, in the county of Beaufort, State aforesaid, on Wednesday, the 10th day of Feb¬ 
ruary, A. D. 1897, at 11 o’clock a. m., before Macon B. Allen, notary public in and 
for the State of South Carolina, examine and take testimony of the witnesses whose 
names are hereto annexed, in relation to and touching the issues involved in the 
above case, and that said examination will continue from day to day until the same 
shall be completed. W. B. Rivers and J. I. Washington, of Beaufort; B. F. Floyd, 
Thomas Williams, and Christmas Graham, of Levys X Roads, and Joseph Phyall, 
Anderson Williams, Elijah Jones, Tom Williams, Shiloh Smalls, Ishuiael Smalls, 
Thadeus Logan, and Isaac Bright, all of the precinct of Bellinger Hill, in the county 
of Beaufort, State of South Carolina. 

J. I. Washington, 

Attorney for Geo. TV. Murray, Contestant. 

Beaufort, S. C., February 8, 1897. 

Service accepted this 8th day of February, 1897, at Hilton Head, S. C. 

Wm. Elliott, Jr., Attorney for Contestee. 

Bellinger Hill Precinct, 
Beaufort County, S. C., February 10, 1897. 

The taking of testimony was begun at 2.30 o’clock p. m. 

Present: J. I. Washington, esq., attorney for contestant, and Wm. Elliott, jr., 
esq., attorney for contestee. 

W. B. RIVERS, sworn, testifies: 

Q. Name, age, occupation, and place of residence.—A. W. B. Rivers; 32; school 
teacher; Beaufort, S. C. 

Q. Where were you on the 3d day of last November—election day?—A. At Bellin¬ 
ger Hill. 

Q. What were you doing there?—A. Taking affidavits at the polls for Mr. Murray. 

Q. Please state, if you remember, how many such affidavits you did take.—A. I 
don’t remember. 

Q. About how many Republicans came to the polls that day and were not allowed 
to vote?—A. About a hundred or more. 

Q. Please take these affidavits, examine them, and state whether they are the affi¬ 
davits you took that day.—A. Yes; they are. 

(Counsel for contestant offers said affidavits in evidence, marked “Exhibit I.” 

Counsel for contestee objects to the introduction of these affidavits on the follow¬ 
ing grounds: First, because the affiants themselves are the proper persons to testify; 
second, because they are not in response to any allegations in the notice of contest; 
third, because contestee is deprived thereby of the right of cross-examination as to 
these parties by this method.) 

Cross-examination: 

Q. What did you do with these affidavits after election day?—A. Took them to 
Beaufort and gave them to Mr. Washington. 


MURRAY VS. ELLIOTT. 


287 


Q. Is it J. I. Washington, who is acting attorney for contestant to-day?—A. Yes. 
Q. Have you had them in your possession since then?—A. No; not till just now. 
(Counsel for contesteo offers as a further objection to the introduction of these 
affidavits that they were not produced from the proper custody.) 

Q. Are you a registered voter under the new constitution?—A. I am, sir. 

Q. Please state who the managers were at the Federal poll on election day.—A. I 
don’t remember their names. 

Q. Was not one of the managers a colored Republican?—A. Yes. 

Q. Please state at what time you arrived at the polls on election day.—A. 
About 7 or half past 7 in the morning. 

W. B. Rivers. 


Sworn to and subscribed before me, this 10th day of February, A. D. 1897. 


Adjourned at 4 p. m. 


Macon B. Allen, Notary Public. 


Exhibit I.—M. B. Allen, notary public. 
Blank No. 1. 


State of South Carolina, Beaufort County: 

This certifies that the undersigned, being over the age 21, male resident of the 
voting precinct Bellingers Hill, of Ward —, and legally qualified to register and 
vote therein, did, on this, the 3d day of November, 1896, present himself at the said 
voting precinct to vote for Geo. W. Murray, the Republican candidate for Congress 
in the First district of said State, desiring and intending to vote for the said Geo. W. 
Murray, and, upon his attempting to so vote, was denied the right to so vote, and 
his vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration, under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and he further states that if he had been permitted to register and to 
vote at said election, he would have voted for Geo. W. Murray, the Republican can¬ 
didate for Congress in said district. 

And the undersigned further states that he is qualified even under the present 
constitution, as be can read and write, as evidenced by the fact that he signs this in 
his own handwriting. 

Adam Douglas. 

Witnesses: 

J. C. Tyson, 

London Ferguson. 

Personally appeared Adam Douglas and made oath that the above statement is 
correct. 

[seal.] W. B. Rivers, Notary Public. 

Bellingers, S. C., November 3, 1896. 

Blank No. 2. 

State of South Carolina, Beaufort County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct Bellingers, of Ward —, and duly qualified to register and vote 
therein, did, on this, the 3d day of November, 1896, present himself at the said vot¬ 
ing precinct to vote for George W. Murray, the Republican candidate for Congress in 
the First district of said State, desiring and intending to vote for the said George 
W. Murray, and, upon his attempting to so vote, was denied the right to so vote, and 
his vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, lie had applied for registration under the laws of South Caro¬ 
lina. being’entitled to such registration, but had been refused and denied the right 
to register, and further states that if he had been permitted to register and to vote 
at said election, he would have voted for the said George W. Murray, the Republican 
candidate for Congress in said district. 

Charley (his x mark) Green. 

Witnesses: 

,T. C. Tyson. 

Isaac Bright. 

Personally appeared Charley Green and made oath that the above statement is 

correct. T 

[seal.] W. B. Rivers, Notary Public. 

Bellingers, S. C., November 3,1896. 

[Ninety-three affidavits, same as above, all taken before W. B. Rivers, notary pub¬ 
lic, filed with this exhibit.] 


288 


MURRAY YS. ELLIOTT. 


By agreement of counsel, examination of witness J. I. Washington, esq., will be held 
at Beaufort, S. C., at 10 o’clock a. m. on Friday, February 12, 1897, at office of J. I. 
Washington, esq. 

M. B. ALLEN, sworn, testifies: 

Q. Give your name, occupation, and residence.—A. M. B. Allen; age, 46; school¬ 
teacher, printer, and notary public. 

Q. Where were you on the 3d day of November last?—A. At the Federal poll, 
Pocotaligo precinct. 

Q. What were you doing there?—A. I went there to take affidavits of those who 
tried to vote for Mr. Murray and was objected to, and I took the affidavits. 

Q. About how many affidavits did you take that day?—A. About 140. 

Q. Please examine these affidavits and see whether these are the ones taken by you 
on that day.—A. Yes; they are. 

Q. Do you know Rodger Pinckney ?—A. I am not personally acquainted with him, 
but saw him on election day. 

Q. State, if you know, where he voted at at the last election. 

(Counsel for contestee objects to the question on the ground that the poll list of 
that precinct is the best evidence.) 

A. He voted at Federal poll, at Old Pocotaligo. 

Q. Did you see his registration certificate?—A. No; I did not. 

(Counsel for contestant offer in evidence the affidavits taken by witnesses, to be 
marked u Exhibit J.”) 

Cross-examination: 

Q. Please state what you did with those affidavits after election day?—A. I kept 
them about two weeks, then counted them and gave them to J. I. Washington, esq., 
for safe-keeping. 

Q. Have you had them in yonr possession from then until now?—A. I have not. 

(Counsel object further to the introduction of affidavits on the ground that they 
were not produced from the proper custodian.) 

Q. Please state what time you arrived at the Federal poll at Old Pocotaligo?—A. 
At a few moments before 9 o’clock a. m. and remained there until after 5 o’clock p. m. 

Q. Were all these affidavits signed by the parties on election day?—A. Yes. 

Q. Please state whether or not you ever copied out an examination paper for appli¬ 
cants as school-teacher for one Josephus Robinson, at the time of last examination 
for county school-teachers. 

(Counsel for contestant objects to the question as irrelevant and foreign to the 
issue.) 

A. I refuse to answer the question, because it has nothing to do with this exami¬ 
nation. 

Q. Did you not state to me in my office in Beaufort, S. C., that one Josephus 
Robinson, an applicant for the position of school teacher, had come to your house 
about 1 o’clock at night, at least late on the night preceding the day of the exami¬ 
nation of applicants for certificate as school-teachers, with an examination paper in 
his hand, a part of said examination, and had paid you $1 to copy out answers to 
the same? 

(Counsel for contestant objects to question on the same grounds as above.) 

A. I refuse to answer this question for the same reason stated above. 

Q. Please count the affidavits taken by yourself and state how many there are.— 
A. Upon counting them carefully I find the number to be 132. 

Macon B. Allen. 

Sworn to and subscribed before me this 10th day of February, A. D. 1897. 

[seal.] . W. B. Rivers, Notary Public , South Carolina. 

It was agreed between counsel that the testimony of J. I. Washington, esq., be 
taken at Beaufort, February 12, 1897. 

Adjourned at 2.30 p. m. 

M. B. Allen, Notary Public. 
Exhibit J.—M. B. A., N. P. 

Blank No. 2. 

State of South Carolina, Beaufort County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct Old Pocotaligo, of Ward —, and legally qualified to register and vote 
therein, did, on this the 3d day of November, 1896, present himself at the said vot¬ 
ing precinct to vote for Geo. W. Murray, the Republican candidate for Congress in 


MURRAY VS. ELLIOTT. 


289 


the First district of said State, desiring a/nd intending to vote for the said Geo. W. 
Murray, and, upon his attempting to so vote, was denied the right to so vote, and 
his vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and further states that if he had been permitted to register and to vote 
at said election, he would have voted for the said Geo. W. Murray, the Republican 
candidate for Congress in said district. 

Carolina (his x mark) Thomas. 

Witnesses: 

C. H. Green, 

Macon B. Allen. 

Personally appeared C. H. Green and made oath that the above statement is cor¬ 
rect. 

[seal.] Macon B. Allen, Notary Public. 

Old Pocotaligo, S. C., November 3, 1896. 

Blank No. 1. 

State of South Carolina, Beaufort County: 

This certifies that the undersigned, being over the nge 21. male resident of the 
voting precinct Old Pocotaligo, of Ward —, and legally qualified to register and 
vote therein, did, on this the 3d day of November, 1896, present himself at the said 
voting precinct to vote for Geo. W. Murray, the Republican candidate for Congress 
in the First district of said State, desiring and intending to vote for the said Geo. 
W. Murray, and, upon his attempting to so vote, was denied the right to so vote, 
and his vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and he further states that if he had been permitted to register and to 
vote at said election, he would have voted for Geo. W. Murray, the Republican can¬ 
didate for Congress in said district. 

And the undersigned further states that he is qualified even under the present 
constitution, as he can read and write, as evidenced by the fact that he signs this 
in his own handwriting. 

Porter Youman. 

Witnesses: 

C. H. Green, 

Macon B. Allen. 

Personally appeared C. H. Green and made oath that the above statement is cor¬ 
rect. 

[seal.] Macon B. Allen, Notary Public. 

Old Pocotaligo, S. C., Novembers , 1896. 

[One hundred and thirty-two affidavits, same as above, all taken before M. B. 
Allen, notary public, filed with this exhibit.] 

State of South Carolina, County of Beaufort: 

I, W. B. Rivers, a notary public in and for the State of South Carolina, do hereby 
certify that the deponent herein mentioned and duly summoned, to wit, M. B. Allen, 
and produced by contestant, personally appeared before me at Bellinger Hill, in the 
county of Beaufort, and within the Congressional district aforesaid, on the 10th 
day of Februarv, 1897, and after being duly sworn to speak the truth, and nothing 
but the truth, in the matter of said contested election, gave and subscribed the fore¬ 
going deposition; that I caused the testimony of said deponent, with the questions 
propounded by both contestant and contestee, to be rednced to writing, and in the 
presence of the witnesses and counsels, respectively, and caused said testimony to 
be carefully read to deponent before the same was subscribed by them; and I further 
certify that each and every erasure, substitution, and interlineation that appear in 
auy part of the records 'of the foregoing deposition were made, substituted, or 
interlined in the presence of deponent, and before such deposition was subscribed 
by him. 

Witness my hand and seal this 26th day ot April, A. D. 1897. 

W. B. Rivers, 

Notary Public, South Carolina. 


17745-19 



290 


MURRAY VS. ELLIOTT. 


Bkaufokt, S. C., February 12, 1897. 

Pursuant to agreement and adjournment, the examination of witnesses was re¬ 
sumed at 11.30 o’clock a. m. by taking the testimony of J. I. Washington, esq. 

Present: J. I. Washington, esq., attorney for contestant, and Wm. Elliott, jr., esq., 
attorney for contestee. 

J. I. WASHINGTON, Esq., sworn, testifies: 

Q. What is your name, age, occupation, and place of residence?—A. J. I. Wash¬ 
ington; 37; attorney at law; Beaufort, Beaufort County, S. C. On the 3d day of 
November last, election day, I was at the Federal poll at Beaufort precinct engaged 
in taking the affidavits of those who applied to vote but were rejected by the man¬ 
agers of election. I took the affidavits of about 172 Republicans who were rejected 
because they held no registration certificate under the new constitution, but who had 
been for many years legal voters of this precinct, most of them property holders, as 
evidenced by the production of their tax receipts. [Counsel for contestee objects to 
this testimony, and like testimony, on the ground that it is not in response to any 
allegations in the notice of contest.] I also took the affidavits of three men, to wit, 
Paul Peeples, W. C. Robinson, and Paul Best, who had complied with all the require- 
meuts of the law, having in their possession and presenting to the managers 
[counsel for contestee objects to the witness stating what was contained in the 
affidavits] both their registration certificates and tax receipts, and they were denied 
the right to vote. Upon being denied the right to cast their ballots, each of them 
came to me, and I with them went back to the managers and protested against their 
(the managers’) action in the preseuce of contestee’s watcher at the poll, who is con¬ 
testee’s attorney in this case. The managers again refused to allow W. C. Robinson 
and Paul Peeples to vote, saying that the words “ Fraudulent registration” were 
written opposite their names on the registration book, and they could not vote. 
[Counsel for contestee objects to the witness stating tiny conversation that took 
place between himself and the managers, and insists that this line of testimony is 
wholly improper and unfair to contestee, because the parties themselves are the 
proper parties to testify, and contestee is deprived of the right of cross-examination 
as to these witnesses by this method, to wit, having contestant's attorney testify to 
matters as to which the parties themselves should be called as witnesses. Wit¬ 
ness contends that he is testifying to a conversation betw r een himself and the man¬ 
agers which took place in the presence of contestee’s counsel. The managers are all 
alive, living in Beaufort, and can be brought forward to deny or affirm.] I asked 
them what the words meant, and w r ho wrote them there, the reply was, “ We don’t 
know, and can’t help the applicants.” I also took the affidavits of Lewis McKnight 
and Henry B. Dorman, who were not allowed to vote because they had misplaced 
their tax receipts. [Counsel for contestee objects to this testimony on the same 
grounds as above.] All of these affiants, and many more applicants, would have 
voted for Mr. Murray. [Testimony objected to as hearsay.] 

(Witness here offers iu evidence the affidavits, to be marked Exhibit K. 

Counsel for contestee objects to the introduction of these affidavits on the follow¬ 
ing grounds: (1) Because the affiants themselves are the proper parties to testify. 
(2) Because they are not in response to any allegation in the notice of contest. (3) 
Because the contestee is deprived thereby of the right to cross-examination as to 
these witnesses by this method.) 

Cross-examination: 

Q. You stated in your testimony that Lewis McKnight and Henry B. Dorman 
“ were not allowed to vote because they had misplaced their tax receipts,” yet Henry 
B. Dorman swears in his affidavit that he was “ refused the right to vote on the 
ground that his poll-tax receipt is not dated six months.” Please state which is 
correct.—A. Whatever the affidavit states is correct. 

Q. You were, then, mistaken in saying he was rejected because he had misplaced 
his tax receipt?—A. Of course. I know he was rejected, however. 

Q. Did not Paul Best testify in your presence that the name on his registration 
certificate was '‘Paul Best,” and the person named on his tax receipt was “Paul 
Best, jr. ?”—A. He did. But he did not make out himself either his tax receipt or 

his registration certificate. The receipt was made out several months-counsel for 

contestee insists that witness shall answer his question according to the rules of 
evidence and not branch off into matters not covered by the terms of his question] 
before the registration certificate, when, as he told the managers, his father was 
alive, when his certificate was made out several months after liis father was dead. 

(Counsel for contestee moves that all of this testimony be stricken out except such 
as is responsive to his question. 

Witness says counsel for contestee is very anxious to strike out such portions of 
answers as tend to show up facts which are brought out by his own questions.) 

Q. Please state who was chairman of the board of managers at this precinct on 



MURRAY VS. ELLIOTT. 291 

election day.—A. 7. don’t know. I know there were three managers. One of them 
was Dr. Kennedy, a colored physician, who administered the oath. 

Q. Are you not the clerk to Congressman George W. Murray ?—A. Not at this time. 
I was appointed, but gave it up and accepted the position as his attorney in this case. 

Q. Please state when you resigned as such clerk.—A. On the 1st of February 
instant. 

Q. When you resigned, had you not been employed some time in taking testimony 
as attorney for George W. Murray, contestant?—A. Since we began taking testimony, 
on the 22d of January last, I have been his attorney. 

Q. Is it not a fact that throughout the canvass previous to the election you had 
acted as representative of contestant in all matters pertaining to the election ?—A. 
As county Congressional chairman I acted as representative of the Republican party 
in this county in all matters pertaining to the Congressional campaign. 

Q. Were not James Wigg and yourself, some time previous to the election, asso¬ 
ciated together as editors of a weekly paper called the Republican Advocate?—A. 
We were. 

Q. Was not James Wigg a candidate at the last election for the position of county 
superintendent of education ?—A. He was. 

Q. Did not James Wigg, previous to the last election, write an editorial, as editor, 
stating that he retracted what he had said against the board of registration for this 
county and was satisfied that they had substantially performed the duties of their 
office with fairness, or an editorial to that effect, and in revising the proof during 
his absence you had struck out said editorial and would not give it publicity through 
your columns?—A. No; I was only local editor of that paper, with not a dollar in it. 
Mr. Wigg was then owner of the paper, and I could not have prevented him from 
publishing anything he thought lit through its columns. On the contrary, the files 
of the paper will show that it has always been outspoken in condemning the palpa¬ 
ble frauds perpetrated by the board of registration. 

Q. Did not James Wigg sever his entire connection with the paper some time 
prior to the election?—A. No; shortly after election. 

Q. Please state when you were appointed Congressional clerk of contestant.—A. 
That I refuse to answer, because it has nothing to do with this case; it’s my business. 

Q. Have you ever been on to Washington to act as such clerk?—A. No. 

Q. Were you not a practicing attorney at law in this county previous to taking 
charge of contestant’s interest in this contest?—A. I was dividing my time between 
it and the work of the clerkship in matters that could be attended to here, Mr. Mur¬ 
ray employing someone in Washington while there to act for me. That was in the 
month of January. 

Q. Were you not in charge of the examination last held for applicants for certifi¬ 
cates as school teachers, as representative of the then school commissioner, James 
Wigg?—A. I was the first day. 

Q. Do you recollect how many applicants there were that day?—A. I think there 
were between 50 and 60. 

Q. Where was the examination held, and when?—A. At the court-house, in Octo¬ 
ber, 1896. 

Q. Was not the main room in the court-house unable to contain all the applicants, 
so that many were obliged to be placed in jury rooms adjoining, and some on a lower 
story in an office?—A. That is true. 

Q. Was it not impossible, on account of the great crowd and the necessary scat¬ 
tering of the applicants, for you to watch them all and prevent copying and cheat¬ 
ing?— a. Yes; they could have copied in one room while I went to the other rooms. 

Q. Is it not a fact that in some cases there were as many as four at a table?—A. 
Yes. 

Q. Did you hear a speech made on the 10th of July last by contestant at the coun¬ 
cil house at Beaufort?—A. I can not say; I don’t remember the date. 

Q. Did not contestant make a speech in Beaufort in which he complained bitterly 
about the colored voters of the county taking little interest in registration and so 
few had made appeals and affidavits?—A. I heard every speech contestant made in 
Beaufort County during the last campaign; I never heard him make any such com¬ 
plaint. I have heard him urge upon the people to make efforts to be registered and 
not be discouraged because of the action of the registration officers. 

Q. Were you not in charge of contestant’s interests at this poll on election day?— 
A. Yes. 

Q. Is it not a fact that I, as representative of coutestee, requested you three times 
on the morning of election day to name a watcher at the polls to represent contest¬ 
ant, which the Federal commissioners had agreed to allow, before you named a rep¬ 
resentative for this precinct?—A. I remember that you spoke to me about it, but 
don’t remember and don't think you spoke three times to me about it. 

Q. Is it not a fact that you delayed a considerable time before naming such a 
watcher?—A. I will not say a considerable time, but I suppose about a half a dozen 
men may have voted before I named a watcher. 


292 


MURRAY yS. ELLIOTT. 


Q. Did you not just state, while the notary was taking down the answer above, 
that you remember delaying considerable time before naming a watcher, but that 
you did not remember my making three requests?—A. What do you mean by “con¬ 
siderable time”? 

Q. I ask you to answer the above question “yes” or “no.”—A. My answer is as 
above, “I will not say a considerable time, but I suppose about a half a dozen 
men may have voted before 1 named a watcher,” and that is my final answer to that 
question. 

Q. Did you not say on Ladies Island, in the presence of myself and several of the 
witnesses who testified that day, that you knew that the board of registration, in 
perpetrating the fraud you claimed they had done, were not acting in the interest of 
the Democratic candidate for Congress, but iu the interest of the county ticket?— 
A. You misquote me somewhat. What I said was, among other things, that I did 
not think the registration board acted so much in the interest of Mr. Elliott as they 
did in the interest of the county ticket and Mr. Peck, the chairman of the board, 
who was then a candidate for clerk of court, but that Mr. Elliott came in. I don t 
remember whether I said “took advantage of or received the benefit of the fraud.” 

J. I. Washington. 

Sworn to and subscribed before me this 12th day of February, A. D. 1897. 

Macon B. Allen, Notary Public. 

Closed at 2.30 p. m. 

Adjourned sine die for Beaufort County. 


Exhibit K.—M. B. Allen, notary public. 

Blank No. 1. 

State of South Cakolina, Beaufort County: 

This certifies that the undersigned, being over the age 21, male resident of the 
voting precinct Beaufort, of Ward —, and legally qualified to register and vote 
therein, did, on this the 3d day of November, 1896, present himself at the said voting 
precinct to vote for Geo. W. Murray, the Republican candidate for Congress in the 
First district of said State, desiring and intending to vote for the said Geo. W. Mur¬ 
ray, and, upon his attempting to so vote, was denied the right to so vote, and his vote 
thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such au attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, and has been registered; but refused the 
right to vote on the ground of fraudulent registration; and he further states that if 
he had been permitted to vote at said election, he would have voted for Geo. W. Mur¬ 
ray, the Republican candidate for Congress in said district. 

And the undersigned further states that he is qualified even under the present con¬ 
stitution, as he can read and write, as evidenced by the fact that he signs this in his 
own handwriting. 

P. Best. 

Personally appeared P. Best and made oath that the above statement is correct. 

[seal.] J. I. Washington, Notary Public. 

Beaufort, S. C., November 3, 1896. 


Blank No. 2. 

State of South Carolina, Beaufort County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct Beaufort, of Ward—, audlegally qualified to register and vote therein, 
did, on this, the 3d day of November, 1896, present himself at the said voting pre¬ 
cinct, to vote for Geo, W. Murray, the Republican candidate for Congress in the 
First district of said State, desiring and intending to vote for the said Geo. W. 
Murray, and, upon his attempting to so vote, was denied the right to so vote, and 
his vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Carolina, 
being entitled to such registration, but had been refused and denied the right to 
register, and further states that if he had been permitted to register and to vote at 


MURRAY YS. ELLIOTT. 293 

said election, he would have voted for the said Geo. W. Murray, the Republican 
candidate for Congress in said district. 

Peter (his x mark) Green. 

Witness: J. I. Washington. 

Personally appeared-and made oath that the above statement is correct. 

[seal.] j. I. Washington, Notary Public. 

Beaufort, S. C., November S, 1896. 

[One hundred and sixty-eight affidavits, same as above, all taken before J. I. 
Washington, notary public, tiled with this exhibit.] 

South Carolina, 

Beaufort County, First Congressional District: 

I, M. B. Allen, a notary public in and for the State of South Carolina, do hereby 
certify that the deponents herein mentioned and duly summoned, to wit, W. B. Rives 
and J. Y. Washington, and produced by contestant, personally appeared before me 
at Bellinger Hill and Beaufort, in the county of Beaufort, and within Congressional 
district aforesaid, on the 10th day and 12th day of February, 1897, and after being 
duly sworn to speak the truth, and nothing but the truth, in the matter of the con¬ 
tested election, gave and subscribed the foregoing deposition; that I caused the 
testimony of said deponents with the questions propounded by both contestant and 
contestee to be reduced to writing, and in the presence of the witnesses and 
counsels, respectively, and caused said testimony to be carefully read to him before 
the same was subscribed by him, and further I certify that all erasures, additions, 
and changes were made in the presence of deponent and before being signed by him. 

Witness my hand and seal this 26th day of April, 1897. 

[seal.] M. B. Allen, Notary Public. 

Notices to take depositions. 

To William Elliott, Contestee: 

You will please take notice that the undersigned will, at the court-house, George¬ 
town, in the county of Georgetown, State aforesaid, on Tuesday, the 16th day of 
February, A. I). 1897, at 10 o’clock a. in., before Macon B. Allen, notary public in and 
for the State of South Carolina, examine and take testimony of the witnesses whose 
names are hereto annexed, in relation to and touching the issues involved in the 
above case, and that said examination will continue from day to day until the same 
shall be completed. Thomas Chance, Newton Fledger, Anthony Wragg, Charlie 
Pior, Albert Brown, and R. B. Anderson, of Georgetown precinct, and S. D. Goff, 
Simon Washington, Damon White, Simon Brockiugton, John Gibbs, Jack Brocking- 
tou, John Pinckney, FrankEvans, and DavidFunny, allot Lower Waccamaw precinct, 
Georgetown county. 

J. I. Washington, 

Attorney for Geo. W. Murray, Contestant. 

Beaufort, S. C., February 12, 1897. 

Service accepted at Beaufort 12th February, 1897, at 7 o’clock p. m. 

Wm. Elliott. 

To William Elliott, Contestee: 

You will please take notice that the undersigned will, at Georgetown court-house, 
in the county of Georgetown, State aforesaid, on Wednesday, the 17th day of Feb¬ 
ruary, 1897, at 10 o’clock a. m., before M. B. Allen, a notary public in and for the 
State of South Carolina, examine and take testimony of the witnesses whose names 
are hereto annexed, in relation to and touching the issues involved in the above 
case, and that said examination will continue from day to day until the same shall 
be completed: Peter Legare, Jenkins Brown, James Gadsden, Paul Graut, Fortune 
Brown, John Jones, and Samuel Singleton, all of Santee precinct, county of George¬ 
town, State aforesaid. 

,T. I. Washington, Attorney for Contestant. 

Georgetown, S. C., February 15, 1897. 

I accept service at Georgetown, S. C., this 16th day of February, A. D. 1897. 

Walter Hazard, Attorney for Contestee . 

To William Elliott, Contestee: 

You will please take notice that the undersigned will, at Peedee store, in^the 
county of Georgetown, State aforesaid, on Thursday, the 18th of February, 189/, at 
10 o’clock a. in., before M. B. Allen, a notary public in and for the State ot South 
Carolina, examine and take testimony of the witnesses whose names are hereto 



294 


MURRAY VS. ELLIOTT. 


annexed, in relation to and touching the issues involved in the above case, and that 
said examination will continue from day to day until the same shall be completed: 
J. W. Johnson, Plenty Washington, Lincoln Gedder, John Moultrie, Prince Moultrie, 
Prince Jones, John Mitchell, Willie Smalls, Will Anderson, Abraham Smalls, Ned 
Murant, Albert Squire, Joshua Golaut, and Robert Keith, all of Birdstield precinct, 
and Chance Ladson, James Myers, and Fortune Green, of Griers precinct, county ot 
Georgetown, State aforesaid. 

J. I. Washington, Attorney for Contestant. 

Georgetown, S. C., February 15, 1897. 

I accept service of the within notice at Georgetown, S. C., this February lb, 1897. 

Walter Hazard, Attorney for Contes tee. 

To William Elliott, Contestee: 

You will please take notice that the undersigned will at Sandy Island, in the 
county of Georgetown, State aforesaid, on Friday, the 19th day of February, 1897, 
at 10 o’clock a. m., before M. B. Allen, a notary public in and for the State ot South 
Carolina, examine and take testimony of the witnesses whose names are hereto 
annexed, in relation to and touching the issues involved in the above case, and that 
said examination will continue from day to day until the same shall be completed: 
Wade Johnson, Scipio Washington, Joseph Keith, sr., Cain Gourdine, Gabriel Alston, 
James Parkman, Stephney Herriott, Andrew Rhoades, of Sandy Island precinct; Bap¬ 
tist Reese, Aggrippa Smalls, Peter Carr, C, W. Diners, Stephen Price, and T. R. John¬ 
son, of Upper Waccamaw precinct, county of Georgetown. 

J. I. Washington, Attorney for Contestant. 

Georgetown, S. C., February 17, 1897. 


State of South Carolina, County of Georgetown: 

Personally appeared before me M. B. Allen and made oath that he served a copy 
of the within notice to take depositions on Walter Hazard, esq., attorney for William 
Elliott, contestee, by leaving the same at his office in the city of Georgetown, S. C., 
on the 17th day of February, 1897, at 5.30 o’clock p. m., with a person of suitable 
age, to wit, his clerk, the said Walter Hazard, esq., being absent at the time. 

Macon B. Allen. 

Sworn to before me this 17th day of February, A. D. 1897. 

[seal.] J. I. Washington, Notary Public, South Carolina. 


To William Elliott. Contestee: 

You will please take notice that the undersigned w T ili at Georgetown court house, in 
the county of Georgetown, State aforesaid, on Saturday the 20th day of February, 
1897, at 10 o’clock a. m., before M. B. Allen, a notary public in and for the State of 
South Carolina, examine and take testimony of the witnesses whose names are 
hereto annexed, in relation to and touching the issues involved in the above case, and 
that said examination will continue from day to day until the same shall be com¬ 
pleted: Billy Myers, Tony Holmes, Amos Graham, Wash Wilson, Amos Green, and 
P. W. Wilson, all of Black River precinct, and H. A. Langley, William Cuttino, M. J. 
Langley, Moses Lawson, James Great, Ralph Herriott, and Henry Robinson, of the 
precinct of Choppee, in the county of Georgetown, State aforesaid; also Plenty 
Washington, J. W. Johnson, Lincoln Geddes, Albert Squire, of Birdsfield precinct, 
Georgetown County. 

J. I. Washington, Attorney for Contestant. 

Georgetown, S. C., February 17, 1897. 


Service accepted at Pee Dee 
February, 1897. 


Store, Georgetown County, S. C., this 18th day of 
Walter Hazard, Attorney for Contestee. 


To William Elliott, Contestee: 

You will please take notice that the undersigned will, at the court-house in 
Georgetown, county of Georgetown, State aforesaid, on Monday, the 22d day of 
February, 1897, at 10 o’clock a. m., before M. B. Allen, a notary public in and for 
the State of South Carolina, examine and take testimony of the witnesses whose 
names are hereto annexed, in relation to and touching the issues involved in the 
above case, and said examination will be continued from day to day until the same 
is completed: A. T. Brockington, of Iveys precinct, and J. B. Slierald, of Upper 
Waccamaw, Georgetown County, State aforesaid. 

J. I. Washington, Attorney for Contestee. 

Georgetown, S. C., February 20, 1897. 


MURRAY VS. ELLIOTT. 


295 


State of South Carolina, County of Georgetown: 

Personally appeared before me M. B. Allen and made oath that he served a copy 
of the within “notice to take depositions " on Walter Hazard, esq., attorney for 
Wm. Elliott, contestee, by leaving the same at his office, on the 20tli day of Febrn- 
ar y> 1897, at 6 o clock p. m., with a person of suitable age, to wit, his clerk, the 
said Walter Hazard, esq., being absent at the time. 

Macon B. Allen. 

Sworn to before me this 20th day of February, A. D. 1897. 

[seal.] J. I. Washington, Notary Public, South Carolina. 

To William Elliott, Contestee: 

You will please take notice that the undersigned will, at the court-house in George¬ 
town County, State aforesaid, on Tuesday, the 23d day of February, 1897, at 10 
o’clock a. in., before M. B. Allen, a notay public in and for the State of South Caro¬ 
lina, examine and take testimony of the witnesses whose names are hereto annexed 
touching the issues involved in the above case, and said examination will continue 
from day to day until the same is completed: S. A. Walker, of Georgetown; Isaac 
L. Wilson, Ben Cohen. S. J. Dobbins, Heyward Davis, Anthony Wilson, of Sampit 
precinct, county of Georgetown, State aforesaid. 

J. I. Washington, Attorney for Contestant. 

Georgetown, S. C., February 20, 1S97. 

Service accepted this 22d February, 1897. 

W. Hazard, Attorney for Contestee. 

Georgetown, S. C., February 16, 1897. 

The taking of testimony was begun to-day at 12 o’clock noon. 

Present: J. I. Washington, esq., attorney for contestant, and Walter Hazard, esq., 
attorney for contestee. 

JOHN PINCKNEY, sworn, testifies: 

Q. What is your name, age, occupation, and place of residence?—A. John Pinck¬ 
ney; 57; farmer; Lower Waccamaw, Lower Waccamaw precinct. 

Q. How many years have you been a voter of that precinct?—A. About 25 years. 

Q. Do you hold a certificate under the new constitution?—A. No, sir; I haven’t. 

Q. Did you apply for one; and if so, when and to whom?—A. Yes; September; I 
think I did once, and in the last three days in November. 

Q. Are you sure it was in the month of November you applied?—A. Yes, sir. 

Q. What reason, if any, did they give for refusing to register you ?—A. They asked 
me to read, and I didn't read; Mr. Paul read for me twice, and asked me certain 
questions; he asked me what the House of Representatives and House of Congress 
mean, and I told him the general assembly. He didn’t give any answer, but refused 
to give me a certificate. 

Q. Where were you on the last election day?—A. At the Lower Waccamaw polls. 

Q. Did you offer to vote at the Federal poll on that day ?—A. I did offer to vote for 
Congressman. 

Q. Were you allowed to vote?—A. They wouldn’t let me vote. 

Q. If you were allowed to vote, for whom would you have voted for for Congress¬ 
man from this district?—A. Geo. W. Murray. 

Q. About how many Republicans were at that poll that day? 

(Counsel for contestee objects to the question being put to witness before he is 
asked the question whether he counted them or made an estimate at the time.) 

A. I didn’t count them, but everybody there was a Republican but a very few— 
over 70 head. 

Cross-examination: 

Q. John, how long have you been living in Georgetown County?—A. All my life; 
I was born here. 

Q. Where was it you applied for a registration certificate?—A. At Georgetown 
Court-House, right here. 

Q. Who were the men you applied to for a certificate?—A. Mr. Paul and Mr. 
Huger Ward. 

Q. Now, you say when you applied for the certificate they asked you to read?—A. 
Yes, sir. 

Q. What did they ask you to read?—A. Section 1, I think they told me. 

Q. Well, now, did you try to read it?—No, sir. 

Q. Why didn’t you try?—A. I knew I couldn’t read it all. 

Q. Who was it that asked you to read?—A. Mr. Paul. 


296 


MURRAY VS. ELLIOTT. 


Q. Do you know what office Mr. Paul holds?—A. 1 don’t know; I got my certifi¬ 
cate from him before. 

Q. .John, can you show me in this book what place it was he asked you to read? 

(Contestee’s council exhibits to witness a copy of the new constitution.) 

A. I don’t think I can. 

Q. Can you read section 4, article 1, of the constitution, which I now show you?— 
A. No, sir; I can’t see very well without my specs. 

Q. Do you want to try to read it now?—A. No. 

Q. Can you tell me what is the difference between Congress and general assembly 
of South Carolina? 

(Counsel for contestant objects to the question on the ground that this examina¬ 
tion is not for the purpose of testing the witness’ knowledge of the meaning of the 
constitution, or any part of it, and that the notary public nor counsel for contestee 
are authorized judges of his qualification.) 

A. The House of Congress and the house of the legislature, the two make a gen¬ 
eral assembly. 

Q. Can you tell me how many years the term of office of the President of the 
United States lasts?—A. Four years. 

Q. Do you know what district this is?—A. Georgetown district. 

Q. John, have you a pair of spectacles?—A. Yes. 

Q. Have you got them with you?—A. No, sir; not with me. 

Q. Can you see this section of the constitution through these eyeglasses?—A. Yes, 
sir. 

Q. Will you read it for me?—A. No, sir; I ain’t a very proper reader. 

Q. When you told Mr. Paul you couldn’t read what he asked you to read, did he 
ask you to explain?—A. Yes, sir. 

Q.~ What did he ask you to explain?—A. He asked me if I knew what is the “ gen¬ 
eral assembly.” 

John (his x mark) Pinckney. 

Sworn to and subscribed (by mark) before me this 16th day of February, A. D. 
1897. 

[seal.] Macon B. Allen, Xotary Public . 

THOMAS CHANCE, sworn, testifies: 

Q. Name, age, occupation, and place of residence. —A. Thomas Chance; 37; in 
Georgetown County. 

Q. At what precinct in Georgetown County do you live?—A. Georgetown precinct. 

Q. For how many years have you been a voter of Georgetown precinct?—A. For 
twelve or thirteen years. 

Q. Do you hold a certificate under the new constitution?—A. No. 

Q. Did you apply for one; and if so, when and to whom?-A. Yes; November; 
to Mr. Paul. 

Q. Are you sure it was in the month of November?—A. No, sir; I made a mistake. 

Q. When was it, then?—A. It was in October. 

Q. What reason did they give for refusing to register you?—A. Because I lacked 
one word of reading the constitution. 

Q. Please state, if you remember, what that one word was.—A. The one word was, 
“The poor shall always be afoisted and supported by the State,” or something like 
that. 

Q. What, if anything, did they require you to do after you missed that word?— 
A. They didn’t require me to do nothing at that time. 

Q. Had you paid your taxes and did you present your tax receipt when you 
applied?—A. Yes; and presented my tax receipt. 

Q. Did you offer to vote at the Federal poll at the last election; and if so, were 
you allowed to vote ? 

(Counsel for contestee objects to the question propounded to the witness on the 
ground that it is not in response to any allegation in the notice of contest.) 

A. Yes, I did, but they wouldn’t let me vote. 

Q. If you were allowed to vote, for whom would you have voted for for Congress¬ 
man from this district?—A. George Murray. 

Cross-examination: 

Q. Where were you born?—A. At Dr. Foster’s plantation, which is called Friend 
field. 

Q. Did you ever go to school?—A. Yes, I did. 

Q. Where and how long?—A. At the Gapway Crossing on the Sand Pit Road; I 
went two seasons out there on that road; I went to George Hewitt, at North Hampton, 
two years; I used to go to private school on the plantation. 

Q. You say you don’t hold a certificate under the new constitution; what kind of 
certificate do you mean?—A. Registration certificate. 


MURRAY VS. ELLIOTT. 297 

Q. Where did you apply for a certificate of registration?—A. At the Georgetown 
court-house. 

Q. To whom did you apply?—A. I applied to Mr. Paul. 

Q. Anybody else?—A. Mr. Huger Ward. 

Q. Anybody else?—A. Another gentleman been there, but I don't remember his 
name. 

Q. Which one was it that asked you to read?—A. Mr. Paul: he was the first one 
who gave me the book to read. 

Q. Y\ hat book did he give you to read?—A. I can't remember now, but I know he 
gave me a book to read. 

Q. Did he show you what place in it he wanted you to read?—A. Yes. 

Q. Please look at this book and tell me if this is the one he asked you to read in?— 
A. I couldn’t tell w hether it was this book or another one. 

(Counsel for contestee exhibits to w itness a copy of the constitution of 1895.) 

Q. Please look at this section and read for me. 

(Counsel exhibits to witness section 1, article 12.) 

A. I tried already and failed, and wouldn’t read again. 

Q. How did you know that the section he asked you to read said anything about 
the State supporting the poor?—A. Mr. Paul read it afterwards. 

Q. \\ hen read afterwards did he ask you to explain what it meant?—A. Yes. 

Q. What did you tell him?—A. I didn’t tell him anything, because I didn’t know 
what he meant at that time. 

Q. V eil, after that what did he say to you?—A. He said I couldn’t get my regis¬ 
tration ticket. 

Q. Can you tell me what is the difference between u Congress” and “<ieneral 
assembly ”?—A. Yes. 

Q. What is the difference?—A. The House of Congress and the general assembly 
are both together as one. 

Q. Do you know whether G. W. Murray was a candidate for election to the gen¬ 
eral assembly at the last election?—A. Yes. 

Q. Do you mean that he was?—A. Yes, sir; he was. 

Thomas Chance. 

Sworn to and subscribed before me this 16th day of February, A. D. 1897. 

[seal.] Macon B. Ali.en, Notary Public. 

Adjourned at 2 p. m. for a recess till 4 p. m. 

Adjourned to meet at 10 o'clock to-morrow forenoon. 

Examination resumed at 10.15 o’clock a. m , February 17, 1897. 

Present: J. I. Washington, esq., attorney for contestant, and Walter Hazard, esq., 
attorney for contestee. 

JOHN JONES, sworn, testifies: 

Q. Name, age, occupation, and place of residence?—A. John Jones; 26; farmer; 
Santee, Santee precinct. 

Q. Do you hold a certificate under the new constitution?—A. No, sir. 

Q. Did you apply for one, and if so, state when and to whom?—A. Yes; in June; 
at Santee; I don’t remember the day; to the board of registration. 

Q. State w hat reasons they gave for refusing to register you.—A. They said I 
didn't read correctly. 

Q. Did you offer to vote at the Federal poll on election day; and if so, w'ere you 
allow r ed to vote?—A. Yes; but not allowed to vote by the managers. 

Q. If you were allowed to vote, for whom would you have voted for for Congress¬ 
man from this district?—A. George W. Murray. 

Q. How' long were you at the polls that day?—A. I was there from the time they 
were opened until they were closed. 

Q. About how many Republicans w ere present for the purpose of voting?—A. I 
guess over one hundred. 

(Counsel for contestee objects to this question on the ground that it is not respon¬ 
sive to any allegation in the notice of contest, and upon the further ground that the 
witness should first be asked whether he at the time counted or estimated the num¬ 
ber present, and upon the further ground that it is not competent for the witness to 
state for what purpose other bodies were present at the poll unless he heard them 
announce such purpose then and there, or saw them attempt to execute such purpose, 
and upon the further ground that such other persons are only competent witnesses 
to prove their purpose in going to the poll.) 

Cross-examination: 

Q. To whom did you say you applied for a certificate of registration?—A. To a 
gentleman named Mr. Paul. 

Q. To anyone else?—A. I don’t know rightly the name of the other one there. 

Q. Was anybody else present?—A. No; there wasn’t anybody else present. 


298 


MURRAY YS. ELLIOTT. 


Q. At what place on Santee was Mr. Paul when you went to him?—A. Raven© 1 
the plantation. 

Q. Was he in a house or in the open air?—A. In a store. 

Q. When did you say that was?—A. In June, I think, as well as I can remember; 
I don’t know the date. 

Q. Why do you think it was in June?—A. That is the only month I can remember; 
1 can’t say any other month. 

Q. Did anybody talk to you but Mr. Pauls?—A. No, sir. 

Q. Did Mr. Pauls ask you to read anything?—A. Yes, sir. 

Q. What did he ask you to read?—A. I don’t know rightly what article he asked 
me to read. 

Q. Do you remember what book he asked you to read in ?—A. No, sir. 

Q. Did he hand yon a book, point out a place, and ask you to read there ?—A. Yes, 
sir. 

Q. Please look at this book and see if it is a copy of the liook he asked you to read 
from.—A. I couldn’t tell. 

Q. When he asked you to read what did you tell him?—A. I told him yes, I could 
read. 

Q. Did you try to read?—A. Yes, sir. 

Q. What was the subject of the article you tried to read?—A. I think it was 
“arbitrator.” 

Q. (The counsel exhibits to witness section 1, article 6, of the constitution of 1895.) 
Please look at that section and read it for me.—A. I refuse. 

Q. After you failed to read that section, did Mr. Pauls read it over to you and ask 
you to explain it?—A. Yes; he asked me to explain it. 

Q. Did you try to explain it?—A. Yes. 

Q. What explanation did you give?—A. I told him I couldn’t do it because I had 
read it already. 

Q. Do you know what a “constitution ' 7 is?—A. No, sir; I don’t know anything 
about that. 

Q. Do you know the difference between “Congress” and “general assembly?”— 
A. No, sir; I don’t know anything about that. 

Q. Did Geo. W. Murray run for election to the general assembly at the last elec¬ 
tion?—A. Yes, sir; I believe he did. 


Redirect: 


Q. Please state for what office did Geo. W. Murray and Wm. Elliott run at last 
election.—A. Congress. 


John Jones. 


Sworn to and subscribed before me this 17th day of February, 1897. 

[seal.] Macon B. Allen, Notary Public . 


SAMUEL SINGLE TON, sworn, testifies: 

Q. Name, age, occupation, and place of residence.—A. Samuel Singleton; 25; 
farmer; Santee. 

Q. Do you h«dd a certificate under the new constitution?—A. No. 

Q. Did you apply for one? And if so, state wheu, where, and to whom?—A. Yes, 
in June, at Ravenel, to Mr. Pauls. 

Q. Was there any other officers present besides Mr. Pauls?—A. Yes; I don’t know 
the other gentleman. 

Q. State, if you know, what office they held at that time.—A. I don’t know what 
office, sir. 

Q. What were they doing down at Ravenel?—A. Were giving certificates. 

Q. What reason, if any, did they give for refusing to register you?—A. Said I 
wasn’t qualified. 

Q. Did they require you to read any section in the constitution?—A. Yes. 

Q. Did you read it?—A. Yes. 

Q. Where were you on the 3d day of November last—election day?—A. At the 
Santee precinct polls. 

Q. Did you offer to vote at the Federal poll on that day; and if so, were you allowed 
to vote?—A. Yes, but not allowed to vote. 

Q. Who prevented you from voting, and why?—A. The managers; because I 
wasn’t qualified. 

Q. Had you ever been convicted of any crime?—A. No, sir. 

Q. Had you paid your taxes before, and did you present your tax receipt when 
you applied to be registered?—A. Yes, and presented my tax receipt. 

Q. If you were allowed to vote, for whom would you have voted for for Congress¬ 
man from this district?—A. Geo. W. Murray. 


MURRAY VS. ELLIOTT. 


299 


Cross-examination: 

Q. Who did yon say yon would have voted for for Congressman from this district 
if you had been allowed to vote?—A. Geo. W. Murray. 

Q. When you applied for a certificate of registration, you say you that you read 
the article of the constitution which Mr. Pauls submitted to you. What section 
was that?—A. I couldn’t tell rightly what section now, sir. 

Q. Please look at this book and tell me if this is a copy of the book he showed 
you to read in.—A. No, sir. 

Q. You say you read the section?—A. Yes, sir. 

Q. What was it about?—A. About the house of representatives. 

Q. Here is section 7, article 3 of the constitution of 1895. Please read that for 
me.—A. I have read it already; I can't read it again. 

Q. How do yon know you have read that section already?—A. The section he 
gave me—I read that. 

Q. You say you won’t read this now?—A. No, sir. 

Q. Do you know how many members there are in the house of representatives in 
South Carolina?—A. No, sir. 

Q. After Mr. Pauls gave you a section of the constitution to read, did he read it 
over to you and ask you to explain it?—A. No, sir. 

Q. Are you sure of that?—A. Yes, sir. 

Q. Did he rend any section of the constitution over to you and ask you to explain 
it?—A. No, sir. 

Q. Did any other officer do so?—A. No, sir. 

Q. Now, what reason, then, did they give for refusing to register you?—A. Said I 
wasn’t qualified. 

Q. Did they ask you for your tax receipt?—A. Yes, sir. 

Q. Did you show it to them?—A. Yes, sir. 

Q. Where is that tax receipt now?—A. I didn’t fetch it with me. 

Q. Have you lived in this county all your life? At what place?—A. Yes. At Mr. 
Door s place, on Santee. 

Q. Now, don’t you know that if a man has paid his taxes and can read or explain 
any section of the constitution of this State, and has not been convicted of any 
crime, he has the right to be registered and vote, under the laws of this State?—A. 
Yes, sir. 

Q. Have you ever been convicted of these crimes? [Counsel reads the crimes 
^numerated in section 6, article 2 of the constitution of 1895.]—A. No, sir. 

Q. Can you tell what “ miscegenation” means?—A. No, sir. 

Q. Can you tell me how many Houses Congress consists of?—A. No, sir. 

Samuel (his x mark) Singleton. 

Sworn to and subscribed (by mark) before me this 17th day of February, 1897. 

[seal.] Macon B. Allen, Notary Public. 

NEWTON FLEDGLER, sworn, testifies: 

Q. Name, age, occupation, place of residence.—A. Newton Fledgler; 25; common 
laborer; Georgetown County, Georgetown precinct. 

Q. Did you apply for a registration certificate under the new constitution; and if 
so, when, where, and to whom?—A. Yes; October; Georgetown, here; to Mr. Pauls; 
I can’t think of the other gentlemen’s names. 

Q. Did you get a certificate?—A. No, sir. 

0. State what reason they gave for refusing to register you.—A. They said I 
couldn’t read proper. 

Q. Had you paid your taxes before, and did you present your tax receipt when 
you applied?—A. Yes, and presented my tax receipt. 

Q. Did you offer to vote at the Federal poll last election?—A. Yes, sir. 

Q. Were you allowed to vote: and if not, who prevented you?—A. The manager 
at the polls; I don’t know his name; he wouldn’t let me vote. 

Q. If you were allowed to vote, for whom would you have voted for for Congress¬ 
man from this district?—A. Mr. Murray. 

Cross-examination: 

Q. When you applied for a certificate of registration, did Mr. Pauls or any other 
officer hand you a copy of the constitution, point out a section in it, and ask you to 
read it?—A. Yes, sir. 

Q. Is this a copy of the book he showed you?—A. Yes, sir. 

Q. What section in this book did he ask you to read?—A. The section, commences: 
“ The State shall consist of all able-bodied male citizens.” 1 may not have the words 
quite right. 

Q. You don’t remember the number of the section and article?—A. No, sir. 


300 


MURRAY VS. ELLIOTT. 


Q. Did you read the section he gave you?—A. I read it, but I didn’t read it proper 
to suit him. 

Q. Here is section 1, article 13 of the constitution of this State. Will you please 
read that for me?—A. “The militia of this State shall consist of all able-bodied 
male citizens of the State between the age of 18 and 45 years, except such persons 
as are now or may be exempted by the laws of the United States or this State, or 
who from religious scruples may be averse to bearing arms, and shall be organized, 
officered, armed, equipped, and disciplined as the general assembly may by law* 
direct.” 

Q. Did you read it that way when they showed it to you, just as you read it to 
me?—A. Yes, sir. 

Q. Can you read any other section of the constitution? 

(Cross-examination of this witness was suspended by consent at this point and 
adjourned till next Tuesday at 12 m.) 

ANTHONY WRAGG, sworn, testifies: 

Q. Name, age, occupation, and place of residence.—A. Anthony Wragg; 45 the 
10th of June last; laborer; 2 miles from Georgetown. 

Q. How long have you been a voter of this precinct?—A. Since 1876. 

Q. Did you apply for a certificate under the new constitution; and if so, did you 
get one?—A. Yes; but didn’t get one. 

Q. Why?—A. Because they said I couldn’t read good enough. 

Q. Did you offer to vote at the Federal poll at last election; and if so, were you 
allowed to vote?—A. I didn’t try to vote at this election. 

Q. Why did you not offer to vote?—A. Because I didn’t get my registration cer¬ 
tificate. 

Q. If you had got your certificate for whom would you have voted for for Con¬ 
gressman from this district?—A. George W. Murray. 

Q. Had you paid your taxes before, aud did you present your tax receipt when you 
applied for registration?—A. Yes; and I presented it the first thing. 

Q. When did you apply for registration ?—A. 1 didn’t take any count of the month, 
but I think it was about July, as well as I can remember. 

Cross-examination: 

Q. To whom did you apply for a certificate of registration?—A. Mr. Pauls. 

Q. Anybody else?—A. No, sir: no one else. 

Q. What other officers were present?—A. Mr. Larrimore and Mr. Ward, as people 
called them. 

Q. Did Mr. Pauls show you a book and ask you to read a section in it?—A. Yes, sir. 

Q. What section did he ask you to read?—A. Section 1 about the general assembly. 

Q. What article was it in?—A. I didn’t notice the article. 

Q. Did you read it?—A. I couldn’t read it properly. 

Q. Did you try to read it?—A. Yes, sir. 

Q. Did Mr. Pauls then read one over to you and ask you to explain it ?—A. Yes, sir. 

Q. Did you explain it?—A. No, sir. 

Q. Did you try to explain it?—A. Yes, sir. 

Q. What explanation did you make of the section?—A. The questions he asked I 
couldn’t explain them. 

Q. Did they refuse to give you a certificate, and did they give any reasons for so 
refusing; and if so, what reasons did they give?—A. None at all, sir. 

Q. Did you appeal to the court, or any judge, to decide your right to a certificate?— 
A. No. sir. 

Q. I want to show you section 1, article 3 of the constitution, and ask you to read 
it. Will you read this to me?—A. I can’t see it. 

Q. Do you know what two Houses Congress consists of?—A. Legislature and the 
Senate. 

Q. Can you tell me what the general assembly is?—A. No, I can’t tell you—some¬ 
thing about deciding matters, but I can’t explain it. 

Anthony Wragg. 

Sworn to aud subscribed before me this 17th day of February, 1897. 

[seal.] Macon B. Allen, Xotary Public. 

Took a recess till 4 p. m. 

Pursuant to adjournment at recess, the examination was resumed at 5 p. m. 

By consent of counsel, the following-named witness, from Carvers Bay, was exam¬ 
ined without notice having been previously given: 

DANIEL DAVIS, sworn, testifies: 

Q. What is your name, age, occupation, and place of residence ? —A. Daniel Davis; 
46; farmer; Carvers Bay. 


MURRAY VS. ELLIOTT. 


301 


Q. M here were you on the day of election—3d of November last?—A. At Carvers 
Bay voting precinct. 

Q How long were you there?—A. I was there from 6 o’clock in the morning till 
after 4 o’clock in the afternoon. 

Q. What were you doing there?—A. Taking affidavits. 

Q. Examine these and state what they are [handing witness a package of papers].— 
A. These are the affidavits taken by me on the day of election. 

(Counsel for contestant offers said affidavits in evidence, marked “Exhibit A.” 

Counsel for contestee objects to the introduction of the affidavits offered in behalf 
of the contestant, upon the following grounds: First, that the affiants themselves 
are the proper parties to testify; second, that the affidavits are not in response to 
any allegation in the notice of contest; third, that by this method of procedure the 
contestee is deprived of the right and opportunity of cross-examining the parties 
who made the affidavits.) 

Cross-examination: 

Q. What did you do with these affidavits after you took them?—A. After I had 
taken them and signed them I brought them here and turned them over to the Con¬ 
gressional chairman. 

Q. When was that?—A. In November, about three days after the election. 

Q. What was the name of the Congressional chairman to whom you delivered 
them?—A. R. B. Anderson. 

Q. Did you ever see the affidavits after that until to-day?—A. Not until to-day. 

Q. Did you see them to-day before they were handed to you just now' by the 
counsel?—A. Yes. 

Q. In whose possession w ere they then ?—A. In Mr. J. I. Washington’s, the attorney. 

(The counsel for the contestee now interposes a further objection to the introduc¬ 
tion of these affidavits, marked “Exhibit A,” upon the ground that it appears from 
the testimony of the witness that the affidavits in question passed out of the pos¬ 
session of the witness soon after they were taken, and have subsequently been in the 
possession of the contestant’s attorney, and that they are not produced from the 
proper custody.) 

Q. Are you a notary public; and if so, how long have you been a notary?—A. Yes; 
I have been one over two years. 

Q. By whom were you appointed and commissioned?—A. By Governor Evans, I 
think. 

Q. How' many of the men who made these affidavits signed their names?—A. All 
w ho signed their names signed them on No. 1 blanks, and those who didn’t sign their 
names are on No. 2 blanks. 

Q. How many No. l’s are there in this package of affidavits?—A. Eighteen. 

Q. Do you know 7 how T many No. 2’s there are?—A. I count 46. 

Daniel Dan is. 


Exhibit A. 

Blank No. 2. 

State of South Carolina, Georgetown County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct Carvers Bay, of Ward —, and legally qualified to register and vote 
therein, did, on this, the 3d day of November, 1896, present himself at the said vot¬ 
ing precinct to vote for Geo. W. Murray, the Republican candidate for Congress in 
the First district of said State, desiring and intending to vote for the said Geo. W. 
Murray, and, upon his attempting to so vote, was denied the right to so vote, and 
his vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and further states that if he had been permitted to register and to vote 
at said election, he w'ould have voted for the said Geo. W. Murray, the Republican 
candidate for Congress in said district. 

James (his x mark) Sumpter. 

Witnesses: 

./as. Ford, 

H. Blackwell. 

Personally appeared-and made oath that the above statement is 

correct. 

D. Davis, Notary Public. 

Nov. 3, 1896. 




302 


MURRAY VS. ELLIOTT. 


Blank No. 1. 

State of South Carolina, Georgetown County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct, Corvers Bay, of Ward —, and legally qualified to register and vote 
therein, did, on this, the 3d day of November, 1896, present himself at the said vot¬ 
ing precinct to vote for Geo. W. Murray, the Republican candidate for Congress in 
the First district of said State, desiring and intending to vote for the said Geo. W. 
Murray, and, upon his attempting to so vote, was denied the right to so vote, and 
his vote thus ottered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration, under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and he further states that if he had been permitted to register and to 
vote at said election he would have voted for Geo. W. Murray, the Republican 
candidate for Congress in said district. 

And the undersigned further states that he is qualified even under the present 
constitution, as he can read and write, as evidenced by the fact that he signs this in 
his own handwriting. 

Malon Walker. 

Witnesses: 

H. Blackwell, 

Jas. Ford. 

Personally appeared-and made oath that the above statement is cor¬ 

rect. 

D. Davis, Notary Public. 

Nov. 3, 1896. 

[Sixty-four affidavits, similar to above, all takeu before D. Davis, notary public, 
filed with this exhibit.] 

Sworn to and subscribed before me this 17th day of February, 1897. 

[seal.] Macon B. Allen, Notary Public. 

Adjourned at 6 o’clock p. m. 

Pursuant to adjournment. 

Cross examination of NEWTON FLEDGLER resumed: 

Q. When I was examining you last, you had just finished reading for me section 
1, article 13, of the constitution. Did you read that section to the board of regis¬ 
tration as you have read it to me?—A. Yes, sir. 

Q. After you had read it, what did Mr. Pauls, or any other member of the board, 
say to you?—A. Mr. Pauls started to give it to me, but he turned and asked these 
other two men what they thought of it, so they said they didn’t think it proper, and 
so he didn’t give it to me. 

Q. Did they then read over to you any section of the constitution, and ask you to 
explain it?—A. They did not. 

Q. Do you mean to say that all they did to test your knowledge of the constitu¬ 
tion and your right to register was to give you the section of the constitution to 
read, and that after you read it they refused to give you a certificate?—A. Yes, sir. 

Q. What reason did they give for refusing it?—A. He said he wasn’t pleased at 
the way I read it. 

Q. Did they give any other reason?—A. No, sir; they did not. 

Q. Have you ever been convicted in any court of any of the following crimes: 
Reading over to the witness names of the crimes enumerated in section 6, article 2, 
of the constitution of 1895.—A. No, sir. 

Q. Can you tell me what “miscegenation” means?—A. No, sir. 

Q. Can you tell me what “religious scruples” means?—A. I refuse. 

Q. Those two words, “ religious scruples,” occur in the section of the constitution 
which you read for me. Can you tell me what that section means [reading the sec¬ 
tion over to witness].—A. No, sir; I refuse to answer that question. 

Q. After you were refused a certificate by the board of registration did you appeal 
from the decision of the board to any court or judge to determine your right to be 
registered or to vote?—A. No, sir. 

Q. Here is section 1, article 14, of the constitution of this State, will you please 
read that for me?—A. I don’t think I will read anymore, sir. I have read a section 
for you already. 


Newton (his x mark) Fledgler. 




MURRAY YS. ELLIOTT. 


303 


February 18, 1897. 

Exainination of witnesses was begun at Pee Dee Store at 1:45 p. m. 

Present : J. I. Washington, esq., attorney for contestant, and Walter Hazard, esq., 
attorney for coutestee. 

.J. W. JOHNSON, sworn, testifies: 

Q. Name, age, occupation, and place of residence?—A. J.W. Johnson; 35; farmer 
and school-teacher; Belle Reeve. 

Q. Where were you on the 3d day of November last, election day?—A. At Bird 
Field precinct. 

Q. How long were you there?—A. I was there from 7 in the morning till 6 p. m. 

Q. Wliat were you doing there?—A. I was a notary public; took affidavits for 
George W. Murray. 

Q. State, if you remember, how many affidavits were taken by you on that day.— 
A. One hundred and thirty-nine. 

Q. Please examine these and state what they are [handing witness a package].— 
A. Affidavits for Murray. 

Q. By whom were they taken, and when?—A. By J. W. Johnson, on the 3d of 
November, 1896. 

Q. Who is J. W. Johnson?—A. I am J. VV. Johnson. 

(Counsel for contestant oilers in evidence said affidavits, marked “ Exhibit B.” 

Counsel for contestee objects to the introduction of these affidavits on the follow¬ 
ing grounds: (1) Because the, affiants themselves are the proper parties to testify; 
(2) because the affidavits are not in response to any allegation in the notice of con¬ 
test; (3) because by this method of procedure the contestee is deprived of the right 
and opportunity of cross-examining the persons who are alleged to have made the 
affidavits.) 

Cross-examination: 

Q. How long have you held the office of notary public?—A. I had it in 1894. 

Q. By whom were you appointed and commissioned?—A. I was appointed by 
R. B. Anderson. 

Q. Who is R. B. Anderson?—A. Pie is a representative of this county. 

(^. Have you a commission as notary public?—A. Yes, sir. 

Q. How long does your commission last?—A. For life, if I keep within the law. 

Q. Do you think the governor has power to remove you from your office at his 
pleasure?—A. I reckon so. 

Q. Examine this affidavit, if you please, which purports to be signed by Sanko 
Mitchell. Did you write those two words “Pee Dee ” down there?—A. I wrote them 
after I went home. 

Q. Examine this. Did you write the word “Georgetown” and the words “Pee 
Dee” in these blank spaces in this same affidavit?—A. 1 did. 

Q. Did you fill in these blanks in all of these affidavits with the words “George¬ 
town ” and “ Poe Dee” at the beginning and at the end?—A. No, sir; not all. 

Q. Who filled those in that you did not fill in?—A. P. C. Logan. 

Q. Did you see him fill them in?—A. Yes, sir. 

Q. Where?—A. At Bird Field precinct. 

Q. When?—A. On the 3d day of November, 1896. 

Q. Do I understand you to say the blank spaces in all these affidavits were filled 
in by either you or P. C. Logan and by no one else, and that you know' this of your 
own knowledge?—A. I know it of my own knowledge. 

Q. Here is an affidavit on blank No. 2 containing a statement signed “ Weary (his 
x mark) Green.” Tell me, if you please, who wrote the words “Georgetown” and 
“Pee Dee” wherever they occur in the blank spaces on this affidavit?—A. I, J. W. 
Johnson. 

Q. Here is an affidavit hearing the following signature: “Prince (his x mark) 
Rivers.” Who wrote the words “Georgetown” and “Pee Dee” on this affidavit?— 
A. P. C. Logan. 

Q. Where did you fill in the blanks you filled in, aud when?—A. On the 4th day 
of November last, at home. 

(Counsel for contestee objects to the introduction of the affidavits upon the fol¬ 
lowing additional ground: Because it does not appear from the face of the affidavits 
that the alleged affiants swore to the same, there being no name of any affiant 
inserted in the certificate of the notary upon any of the affidavits.) 

Q. What is the difference between blank No. 1 and blank No. 2 in these affidavits?— 
A. Blank No. 1 is for those who can sign their name, and blank No. 2 is for those who 
can not sign their names. 

Q. How long did these affidavits remain in your possession after the day of elec¬ 
tion ?—A. Two days. 

Q. To whom did you deliver them then?—A. To R. B. Anderson. 


304 


MURRAY VS. ELLIOTT. 


Q. When did you next see them?—A. I next saw them to-day. 

Q. In whose possession were they when you saw them to-day?—A. In J. I. Wash¬ 
ington’s, attorney for Mr. Murray. 

(Counsel for contestee here interposes a further objection to the introduction of 
the affidavits in question upon the ground that it appears that they went out of the 
possession of the witness two days after they were said to be taken, and have since 
been in the possession of contestant’s attorney, and that therefore they are not pro¬ 
duced from the proper custody.) 

Q. Cau you tell me how many of these affidavits are on the bo. 1 blank and how 
many are on the No. 2 blank?—A. I can not unless I count them. 

Redirect: 

Q. Who signed your commission as notary public?—A. Governor Tillman. 

Q. Please examine those affidavits and state whether the body of them is written 
or printed, or partly written and partly printed.—A. The body of them is printed. 

J. W. Johnson. 

Sworn to and subscribed before me this 18th day of February, 1897. 

[seal.] Macon B. Allen, Notary Public. 

Exhibit B.—M. B. Allen, N. P. 

Blank No. 2. 

State of South Carolina, Georgetown County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct Pee Dee, of Ward —, and legally qualified to register and vote 
therein, did, on this, the 3d day of November, 1896, present himself at the said 
voting precinct to vote for Geo. W. Murray, the Republican candidate for Congress 
in the First district of said State, desiring and intending to vote for the said Geo. 
W. Murray, and upon his attempting to so vote was denied the right to so vote, and 
his vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register, and further states that if he had been permitted to register and to vote 
at said election, he would have voted for the said Geo. W. Murray, the Republican 
candidate for Congress in said district. 

Witnesses: PtENTY < his x mark > PRI0R - 

W. E. Dennison. 

P. C. Logan. 

Personally appeared - - 

correct. 


Pee Dee, S. C., November 3 , 1896. 


and made oath that the above statement is 
J. W. Johnson, Notary Public. 

Blank No. 1. 


State of South Carolina, Georgetown County : 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct of Griers, and legally qualified to register and vote therein, did, on 
this the 3d day of November, 1896, present himself at the said voting precinct to vote 
for George W. Murray, the Republican candidate in the First district of said State, 
desiring and intending to vote for the said George W. Murray, and, upon his attempt¬ 
ing to so vote, was denied the right to so vote, and his vote thus offered to the 
proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration, under the laws of South Caro¬ 
lina, being entitled to such registration, but had beeu refused and denied the right 
to register; and he further states that if he had been permitted to register and to 
vote at said election, he would have voted for George W. Murray, the Republican 
candidate for Congress in said district. 

And the undersigned further states that he is qualified even under the present con¬ 
stitution, as he can read and write, as evidenced by the fact that he signs this in his 
own handwriting. 

Witnesses: Daniel Horry. 

Sandy White. 

Wm. Skinner. 

Personally appeared before me and made oath that the above statement is correct. 

Stephen Ladson, Notary Public. 

Griers, S. C., November 3, 1S9G. 

[Four hundred and forty-four affidavits, similar to above, filed with this exhibit.] 




MURRAY VS. ELLIOTT. 


305 


PLENTY WASHINGTON, sworn, testifies: 

Q. Name, age, occupation, and place of residence?—A. Plenty Washington: 26; 
farming; Bird Field. ‘ ’ 

Q. Do you hold a registration certificate under the new constitution?—A. No, sir. 

Q. Did you apply for one, and if so, state when and where?—A. Yes; October, I 
think; Georgetown. 

Q. To whom did you apply?—A. Mr. Paul and another one, at the court-house. 

Q. What reason, if any, did they give for refusing to register you?—A. Said I 
couldn’t read the constitution. 

Q. After telling you you couldn’t read the constitution, did they require you to 
explain any section of the constitution?—A. No, sir. 

Q. Where were you at the last election, November 3d?—A. Home. 

Q. Did you offer to vote at the Federal poll on that day, and if so, were you 
allowed to vote?—A. Yes; but not allowed to vote. 

Q. If you were allowed to vote for whom would you have voted for Congressman 
from this district?—A. George Washington Murray. 

Cross-examination: 

Q. And what day of the week was it you applied for a certificate of registration?— 
A. Monday. 

Q. Did you leave home on that day to go to Georgetown to apply for a certifi¬ 
cate?—A. Yes, sir. 

Q. Who was present in the court-house when you applied, besides Mr. Paul?—A. 
Ward. 

Q. Was anybody else present?—A. No, sir. 

Q. Who went with you from home?—A. Will Anderson. 

Q. Did Mr. Paul hand you a copy of the constitution of the State, point out a 
section in it, and ask you to read it?—A. Yes, sir. 

Q. What section did he ask you to read?—A. Eleventh page, tenth section. 

Q. What was that section about?—A. I don’t know what the section was about, I 
don’t remember. 

Q. I now show you a copy of the constitution of 1895. [Showing book to wit¬ 
ness.] Here is page 11; please show me the section on this page which Mr. Pauls 
asked you to read?—A. I don’t see it. 

Q. Did you try to read the section that he showed you?—A. Yes, sir. 

Q. Did you read it?—A. I tried it. 

(Counsel exhibits to witness section 5, article 2, of the constitution of 1895.) 

Q. Please read that section for me. 

(Counsel for contestant objects to the question on the ground that this examina¬ 
tion is not for the purpose of testing the witness’ ability to read, and that the 
notary public nor counsel are authorized judges of his qualification.) 

A. I refuse to read it. 

Q. After you tried to read the section, did Mr. Pauls or anyone else read a section 
over to you and ask you to explain it?—A. No, sir. 

Q. Do you solemnly swear to that?—A. Yes, sir. 

Q. Can you tell me what the oath which you took before you began to testify just 
now means?—A. So help my God. 

Q. I noticed that when you took the oath you did not remove your hat from your 
head, why was that?—A. I forgot about it. 

Q. Did Mr. Pauls tell you you couldn’t get a certificate?—A. After I couldn’t read 
it, I couldn’t get it. 

Q. Did you appeal to any court or judge from the decision of the board of regis¬ 
tration to determine your right to a certificate?—A. No. 

Q. Will you please tell me, if you can, what is the difference between “ Congress” 
and “ general assembly?” 

(Question objected to on same ground as above.) 

A. No, sir. 

Q. At what precinct did you offer to vote at last election?—A. At Bird Field 
precinct. 

P. Washington. 

Sworn to and subscribed before me this 18th day of February, 1897. 

[seal.] Macon B. Allen, Notary Public. 

NED MURANT, sworn, testifies: 

Q. Name, age, occupation, and place of residence.—A. Ned Murant; 48; farming; 
Giliiard Village, Bird Field precinct. 

Q. For how many years have you been a voter of this precinct?—A. Twenty-eight 
years. 

Q. Have you ever been convicted of any crime?—A. No, sir. 

Q. Do you hold a certificate under the new constitution?—A. No. 

17745-20 



306 


MURRAY YS. ELLIOTT. 


Q. Did you .apply for one; and if so, when and to whom?—A. Yes; June; to Mr. 
Pauls and Mr. Ward and another gentleman at this store. 

Q. What were they doing here?—A. Registering. 

Q. Why did they not give yon a certificate?—A. Said I didn’t read. 

Q. Did you try to read?—A. Yes; but they quarreled with me first, and cursed me 
and ashed why I came so late, and I told them I didn’t have time; they said they 
would try me but they didn’t have time. 

Q. Did they allow you to take your time in reading?—A. No, sir. 

Q. Had you paid your taxes before, and did you present your tax receipt to them 
when you applied?—A. Yes. 

Q. Did you offer to vote at the Federal poll on the last election day ; and if so, 
were you allowed to vote?—A. Yes; but not allowed to vote. 

Q. For whom did you intend to vote for Congressman from this district?—A. 
George W. Murray. 

Cross-examination: 

Q. How many days were Mr. Pauls and Mr. Ward engaged in issuing certificates 
at this store last June?—A. Two days. 

Q. Which day did you go to them?—A. The second day. 

Q. What time in the day was it when you came to the store?—A. Two in the after¬ 
noon. 

Q. Were there any other applicants present at that time?—A. Yes, sir. 

Q. Did you find those applicants present when you got here?—A. Yes, sir. 

Q. About how many were there?—About four, when I came, 

Q. Did they make you wait till they got through with those four ?—A. Yes, sir. 

<^. Did they give you your turn then ?—A. Yes. 

Q. Did anyone come in after you got there, to get a certificate?—A. No. 

Q. Do you mean to say now that when your turn came Mr. Pauls cursed you 
because you were late?—A. He cussed me; I couldn’t tell whether it was late or not. 

Q. How did he curse you, what did he say?—A. He damned at me. 

Q. Do you remember the exact words he used?—A. Yes; he said, “Damn you, you 
might have been here a long time before.” 

Q. When did you first hear that they were coming here to issue certificates of 
registration?—A. The same day that they did come. 

Q. What time in the day did you hear it?—A. In the afternoon, when I was coming 
from work. 

Q. How many minutes did they allow you to read the section which they gave?— 
A. They didn’t allow me none. They put the book on the counter. 

Q. Could you see in it? Was it open?—A. It was open; I could look in it. 

Q. Did you try to pick it up?—A. No, sir. 

Q. Did they show you what section in it they wanted yon to read?—A. They 
didn’t show me, but told me. 

Q. What section was it?—A. Section 11. 

Q. What article?—A. I don’t know. 

Q. Did you make any attempt to read it?—A. No; because they interrupted my 
feelings, and I didn’t propose to try it after that, because I didn’t come to be cursed. 

Q. What did you say to Mr. Pauls when he laid the book on the counter?—A. I 
didn’t say anything. 

Q. When he took the book up again did yon ask him to let you have time to read 
it?—A. No. 

Q. Was the book near enough to you for you to pick it up?—A. No. 

Q. Show me where the book was placed and where you were standing?—A. I was 
standing there. A valise here and the book there. 

Q. You showed me just now where you stood and where the book was placed, and 
you reached the spot where you say the book was placed, did you not?—A. Yes; I 
reach it now. 

Q. Can’t you stand on the outside of this counter here and reach clear across it?— 
A. Yes; if I want to do it. 

Q. After you failed to make the effort to read in the book did they read a section 
to you and ask you to explain it?—A. No, sir. 

Q. Did you ask them to do so?—A. No, sir. 

Q. Here is the constitution of 1895. This is section 11 of article 1. Tell me if you 
can read that, please?—A. I can read it. 

Q. Please read it for me now, then.—A. I refuse. 

Q. After that, did they tell you they wouldn’t give you a certificate?—A. No. 

Q. What did they say?—A. They told me they were going. 

Q. When they told you they were going, did you ask them for a certificate?— 
A. No. 

Q. Could you have read the constitution had they given you time?—A. Yes. 

Q. Did you appeal to any court or judge to determine your right to a registration 
certificate?—A. No. 


MURRAY YS. ELLIOTT. 307 

Q. \\ ill you tell me what is the difference between “Congress” and “the general 
assembly”!—A. No. 

Q. How do you want it to go down; “No,” or “No, I won’t”?—A. I say, no. 

, Redirect: 

Q. What were Mr. Paul and Mr. Ward doing when you came into be registered?— 
A. They were packing up their books. 

Q. How far is the county court house from here?—A. Fifteen miles. 

Ned Mur ant. 

Sworn to and subscribed before me this 18th day of February, 1897. 

[seal.] Macon B. Allen , Notary Public . 

Adjourned at 4.45 p. m. 

Sandy Island Precinct, 
Georgetown County , S. C., February 19,1897. 

Examination begun at 1.35 p. m. 

Present: J. I. Washington, esq., attorney for contestant, and Walter Hagard, esq., 
attorney for contestee. 

STEPNEY HERRIOTT, sworn, testifies: 

Q. Name, age, occupation, and place of residence.—A. Stepney Herriott; 35; farm¬ 
ing; Sandy Island. 

(Counsel for contestee objects to the examination of this witness on the ground 
that no notice was given to contestee of the examination of Stepney Herriott at this 
time and place.) 

Q. Is there any person living in this precinct by the name of Stephen Herriott?— 
A. No, sir. 

(Counsel for contestant states that the notice to take depositions at this place con¬ 
tains the name of “ Stephen Herriott” instead of “Stepney Herriott,” which is a mere 
clerical error in the first name, there being by the testimony of the witness no one 
living in this precinct by the name of Stephen Herriott.) 

Q. How long have you been a voter of this precinct?—A. Ten years. 

Q. Did you vote at the last election?—A. No. 

Q. Why?—A. They objected because I had no registration paper. 

Q. Did you apply for a certificate; and if so, when, and to whom?—A. Yes; the 
first month tne office opened in Georgetown; to the registration officers. 

Q. What reason did they give for refusing to register you?—A. They said the sec¬ 
tion they gave me to read I didn’t read in proper shape. 

Q. Had you paid your taxes before, and did you present your tax receipt when you 
applied for registration?—A. Yes. 

Q. Did you offer to vote at the Federal poll at last election; and if so, were you 
allowed to vote?—A. Yes; but not allowed to vote. 

Q. Who prevented you from voting?—A. The managers. 

Q. If you were allowed to vote for whom would you have voted for for Congress¬ 
man from this district?—A. Geo. W. Murray. 

Cross-examination: 

Q. What month did you say it was in in which you applied for a certificate of reg¬ 
istration ?—A. I didn’t say what month; I said when the office first opened in George¬ 
town. 

Q. What year was it in?—A. In 1896. 

Q. What were the names of the officers to whom you applied for a certificate of 
registration?—A. Mr. Huger Ward, Mr. Paul, I don’t know the name of the other 
one. 

Q. At what place in Georgetown did you make the application?—A. School com¬ 
missioner’s office. 

Q. Where is that?—A. In the court-house. 

Q. Were the board of registration holding their office there?—A. Yes; because 
they were holding court upstairs. 

Q. Did they ask you to read a section of the constitution of this State?—A. Yes, 
sir. 

Q. What section was it?—A. Tenth page and eleventh section. 

Q. Did they show you the section?—A. Yes, sir. 

Q. What was the section about?—A. Concerning the governor. 

Q. Here is a copy of the constitution of 1895, and this is the tenth page. Will 
you please show me on this page the section which you were asked to read?—A. I 
don’t see any more than the fourth here. 

Q. Here is the twenty-ninth section of article 1 of the constitution. Will you 
please read that for me ? 

(Counsel for contestant objects to the question being asked on the ground tha# 


308 


MURRAY VS. ELLIOTT. 


the only authorized judges in this State as to witness’ ability to read the constitution 
are the supervisors of registration, who, witness has already testified, have passed 
judgment upon his qualifications.) 

A. I wouldn’t read it. 

Q. Please tell me, if you can, what is the difference between “ Congress” and “the 
general assembly ? ” 

(Objected to on the same ground as above.) 

A. I don’t know anything about it. 

Q. When Mr. Pauls asked you to read in the constitution did you try to do so?— 
A. Yes, sir; I did. 

Q. After that did he read a section over to you and ask you to explain it?—A. No; 
he didn’t. 

Q. Did he not read any section at all over to you and ask you to explain it?—A. 
No. 

Q. Did you appeal from the decision of the board of registration to any court or 
judge to determine your right to a certificate?—A. No, sir. 

Q. Did the board of registration tell you that they eould not give you a certifi¬ 
cate?—A. Yes, sir. 

Q. What is the Federal poll?—A. I don’t know anything about it. 

Redirect: 

Q. How many polling places were there at this precinct last election?—A. One. 

Q. Who were voted for at that poll? 

(Counsel for contestee objects to this question on the ground that the best evi¬ 
dence as to who were voted for at the poll referred to is the return of the managers 
of election, and it appears from the testimony of the witness that he was refused a 
certificate of registration by the board of registration, from which fact, as well as 
the fact that he refused to read the constitution when cross-examined on that point, 
it may be presumed that he could not read the ballots which were being used at the 
election.) 

A. Murray. 

Q. Anyone else?—A. No. 

Q. Is that the poll at which you offered to vote?'—A. Yes. 

Stepney (his x mark) Herriott. 

Sworn to and subscribed (by mark) before me this 19th day of February, 1867. 

[seal.] Macon B. Allen, Notary Public . 

ANDREW RHOADES, sworn, testifies: 

Q. Name, age, occupation, and place of residence.—A. Andrew Rhoades; 53; farm¬ 
ing ; Sandy Island. 

Q. How many years have you been a voter at this precinct ?—A. Over twenty years. 

Q. Did you apply for a certificate under the new constitution?—A. Yes. 

Q. To whom did you apply, and when?—A. To Mr. Ward and Mr. Larriho, an 
one Mr. Paul, at Waccamaw, in July last. 

Q. Why did they not register you? 

(Counsel for contestee objects on the ground that it has not yet appeared that he 
has not registered.) 

Q. When you applied for a certificate did you get one?—A. No, sir. 

Q. What reason, if any, did they give for not registering you?—A. I couldn’t read 
the constitution. 

Q. Did they ask you to explain any section of the constitution?—A. Yes, sir. 

Q. Did you explain it?—A. No, sir. 

Q. Had you paid your taxes before you applied, and did you present your tax re¬ 
ceipt to them?—A. Yes. 

Q. Have you ever been convicted of any crime?—A. No. 

Q. Did you offer to vote at the Federal poll at last election, and if so, were you 
allowed to vote?—A. Yes; but they didn’t allow me to vote. 

Q. If you were allowed to vote, for whom would you have voted for for Congress¬ 
man from this district?—A. George W. Murray. 

Q. How many white men are there living in this precinct, on Sandy Island? 

(Coimsel for contestee objects to this question on the following grounds: (1) Be¬ 
cause it is not in response to any allegation in the notice of contest; (2) because it 
is immaterial and irrelevant. 

A. Only one living on Sandy Island. 

Q. Please state about how many colored men are living on this island? 

(Counsel for contestee objects to this question on the grounds just stated above.) 

A. I can't tell exactly how many. 

Cross-examination: 

Q. What year were you born in?—A. I can’t tell you exactly what year I was 
born in. 


MURRAY YS. ELLIOTT. 309 

Q. In what county did you apply for a certificate of registration?—A. In George¬ 
town County. ° 

Q. \\ hat reason did you say they gave for not registering you?—A. I couldn’t 
read the constitution. 

Q. Did you try to read it?—A. I can’t read at all. 

Q. \ou told the counsel just now that the board of registration asked you to 
explain a section of the constitution, but you did not explain it: did you try to 
explain it?—A. Yes, sir. 

Q. What section was it, and what was it about?—A. I don’t know what the sec¬ 
tion was; they asked me what was the chief man, or something like that. 

Q. Did the board tell you they couldn’t give you a certificate?—A. Yes, sir. 

Q. Did you appeal from the decision of the board of registration to any court or 
judge to determine your right to a certificate?—A. No, sir; they told me I could 
appeal to a higher court if I wanted to. 

Andrew (his x mark) Rhodes. 

Sworn to and subscribed (by mark) before me this 19th day of February, 1897. 

[seal.] Macon B. Allen, Notary Public. 

JAMES SPARKMAN, sworn, testifies: 

Q. Name, age, occupation, place of residence.—A. James Sparkman; about 35; 
Sandy Island. 

(Counsel for contestee objects to the examination of this witness upon the ground 
that he states his name to be James Sparkman, and that name does not appear in the 
notice of depositions to be taken at this time and place which was served upon the 
contestee’s counsel.) 

Q. Is there anybody living on this island or in this precinct by the name of 
“Parkman?”—A. No, sir. 

Q. How long have you been a voter in this precinct?—A. I think I have been vot¬ 
ing going on to some eight or nine years. 

Q. Do you hold a certificate under the new constitution?—A. No, sir. 

Q. Did you apply for one; and if so, when, where, and to whom?—A. Yes; in the 
month of July, at Waverly, to Mr. Ward and Mr. Paul, and I forget the other gentle¬ 
man’s name. 

Q. Can you read?—A. No, sir. 

Q. What did they require you to do when you applied?—A. Asked if I could read, 
and I told them I couldn’t read. Then they read the question and I couldn’t an¬ 
swer it. 

Q. Had you paid your taxes before you applied, and did you present your tax 
receipt to them ?—A. Yes, sir. 

Q. Have you ever been convicted of any crime?—A. No, sir. 

Q. Did you offer to vote at the Federal poll at last election; and if so, were you 
allowed to vote?—A. Yes; not allowed to vote. 

Q. If you were allowed to vote, for whom would you have voted for for Congress¬ 
man from this district?—A. Murray. 

Cross-examination: 

Q. When you applied for a certificate of registration do I understand you to say 
that the board first asked you if you could read, and when you said you could not, 
asked you to explain a section in the constitution ?—A. Yes. 

Q. What was it they asked you to explain?—A. 1 forget now what it was. 

Q. Did they tell you they couldn’t give you a certificate?—A. That’s what they 
told me. 

Q. Did you appeal from the decision of the board of registration to any court or 
judge to determine your right to a certificate?—A. No, sir. 

James (his x mark) Sparkman. 

Sworn to and subscribed (by mark) before me this 19th day of February, 1897. 

[seal.] Macon B. Allen, Notary Public. 

SCIPIO WASHINGTON, sworn, testifies: 

Q. Name, age, occupation, place of residence.—Scipio Washington; 26; Sandy 
Island. 

Q. Plow long have you been a voter of this precinct?—A. Phve years. 

Q. Did you apply for a certificate under the new constitution; and if so, did you 
get one?—A. Yes; no. 

Q. To whom did you apply, and when?—A. Paul. I don’t know the rest. In 
July, as far as I can remember, at Graball store. 

Q. Why did you not get a certificate?—A. They gave me the constitution to read, 
and I told them I couldnM; read it. They read it to me, and told me to answer the 
question. 


310 


MURRAY VS. ELLIOTT. 


Q. Did vou answer the question?—A. No 5 I couldn’t answer it. . 

Q. Had" you paid your taxes, and did you present your tax receipt when you 
applied?—A. Yes, sir. 

Q. Have you ever been convicted of any crime?—A. Ivo. 

Q. Did you offer to vote at the Federal poll at last election; and if so, were you 
allowed to vote?—A. Yes; but did not vote. 

Q. if you were allowed to vote, for whom would you have voted tor for Congress¬ 
man from this district?—A. Mr. Murray. 

Cross: 

Q. Why would you have voted for Mr. Murray?—A. I would have voted for Mr. 
Murray because I felt he was fit to go to Congress and he was the only one I would 
give my vote to. . 

Q. After you told the board of registration you couldn’t read, did you say they 
read a section over to you and asked you to explain it?—A. Yes, sir. 

Q. Did you explain it?—No, sir. 

Q. Did you try to explain it?—A. I tried, but didn’t give the right answer. 

Q. Did you tell them you couldn’t explain it?—Yes; I told them I couldn’t 
explain it. 

Q. Did they tell you they wouldn't give you a certificate?—A. Yes; they said they 
couldn’t give me one because I didn’t answer the question. 

Q. Did you appeal from the decision of the board of registration to any court or 
judge to determine your right to a certificate?—A. No, sir. 

Scipio (his mark) Washington. 

Sworn to and subscribed (by mark) before me this 19th day of February, 189/. 

[seal.] Macon B. Allen, Notary Public . 

Adjourned at 4.40 p. m. 

Georgetown, S. C., February 20, 1897. 

Commenced examining witnesses at 11.15 o'clock a. m. 

Present: J. I. Washington, esq., attorney for contestant, and Walter Hazard, esq., 
attorney for contestee. 

S. D. GOFF, sworn, testifies: 

Q. Name, age, occupation, place of residence.—A. S. D. Goff; 45; fisherman; 
Georgetown. 

Q. Where were you on the 3d day of November last—the day of election?—A. On 
Lower Waccamaw. 

Q. How long were you there on that day?—A. During the election. 

Q. What were you doing there?—A. Writing affidavits. 

Q. State, if you remember, how many such affidavits did you write. 

(Counsel for contestee objects to this question on the ground that the affidavits 
themselves are the best evidence on this point.) 

A. I can’t say positively; I have forgotten the number now. 

Q. Are you a notary public? 

(Counsel for contestee objects to this question on the ground that if the witness 
is a notary public his commission as such is the proper evidence of that fact.) 

A. No, sir. 

Q. In what capacity, then, did you act on election day?—A. I was a clerk, sir. 

Q. Please take these and tell me what they are [handing some papers to witness].— 
A. These are the blanks that I wrote. 

(Counsel for contestant offers the affidavits in evidence, marked “ Exhibit C.”) 

(Counsel for contestee objects to the introduction of the papers exhibited to the 
witness and called affidavits upon the following grounds: (1) Because the affiants 
themselves are the proper parties to testify. (2) Because these papers are not in 
support of any allegation contained in the notice of contest. (3) Because by this 
method of procedure the contestee is deprived of the right and opportunity of cross- 
examining the persons alleged to have made the affidavits. (4) Because it appears 
upon the face of these papers themselves that they are not affidavits within the 
meaning of the law in the following particulars: (a) They do not bear the signature 
of any notary public, or what purports to be the signature of any notary public, nor 
the signature of any other officer authorized by law to administer an oath; ( b ) they 
do not bear the seal, or what purports to be the seal, of a notary public or other 
officer authorized by law to administer an oath; (c) the signatures of the alleged 
affiants are not subscribed below the jurat; ( d ) the names of the alleged affiants do 
not appear in the jurat or in any other portion of the certificate of the officer; (e) 
there is no evidence whatever upon the face of these papers called affidavits that 
any oath was ever administered to the persons supposed or alleged to have mad© 
them or that they were signed under the sanction of an oath.) 


MURRAY VS. ELLIOTT. 


311 


Cross-examination: 

Q. Did you say you filled in these affidavits?—A. Yes, sir. 

Q. Here is one on blank No. 2 bearing the following signature, “ David (his x mark) 
Feeney/’ Please look at that and tell me what portions of this affidavit you filled 
in.—A. I filled in the following words, “ Georgetown,” “David (his x mark) Feeney,” 
“Hamond Becket,” “S. D. Goff,” “Prospect Hill.” 

Q. Who filled in the words “Lower Waccamaw” in the second blank space?—A. 
I don’t know who filled it in. 

Q. Now, what became of these papers after they were signed by the parties?—A. 
I returned them to R. B. Anderson, who gave them to me carry over to Lower Wacca¬ 
maw. 

Q. Have you seen them since you gave them to R. B. Anderson?—A. No; not till 
this morning. 

Q. In whose possession were they when you saw them this morning?—A. In Mr. 
Washington’s charge. v 

Q. By Mr. Washington you mean the attorney for Mr. Murray?—A. I don’t know 
who is attorney for Mr. Murray. 

(Counsel for contestee here interposes a further objection to the introduction of 
these papers called affidavits upon the ground that now appears from the testimony 
of the witness that they went out of his possession just after the election and subse¬ 
quently came into the possession of tbe counsel for contestant, and therefore they 
are not produced from the proper custody.) 

Q. Please count the No. 1 blanks and iet me know how many there are.—A. Nine 
of them. 

Q. Please count the No. 2 blanks and tell me how many there are.—A. Fifty- 
seven. 

S. D. Goff. 

Sworn to and subscribed before me this 20th day of February, 1897. 

[seal.] Macon B. Allen, Notary Public. 

Exhihit C— M. B. Allen, N. P. 


Blank No. 2. 


State of South Carolina, Georgetown County: 

This certifies that the undersigned, being over the age of 21, male, resident of the 
voting precinct Lower Waccamaw, Ward —, and legally qualified to register and vote 
therein, did, on this the 3d day of November, 1896, present himself at the said voting 
precinct to vote for George W. Murray, the Republican candidate for Congress in 
the First district of said State, desiring and intending to vote for the said Geo. W. 
Murray, and upon his attempting to so vote was denied the right to so vote, and his 
vote, thus offered to the proper officers, was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration, under the laws of South Caro¬ 
lina being entitled to such registration, but had been refused and denied the right 
to register; and further states that if he had been permitted to register and to vote 
at said election he would have voted for the said Geo. \\ . Murray, the Republican 
candidate for Congress in said district. 

Boston (his x mark) Brown. 

Witnesses: 

Hamond Beckit. 

S. D. Goff. 

Personally appeared-, and made oath that the above statement is cor- 

ieCt ’ -, Notary Public. 

Prospect Hill, S. C., November 3, 1896. 

Blank No. 1. 

State of South Carolina, Georgetown County: 

This certifies that the undersigned, being over the age 21, male resident ot the 
voting precinct Lower Waccaman, of Ward —, and legally qualified to register and 
vote therein, did, on this the 3d day of November, 1896, present himself at the said 
voting precinct to vote for George W. Murray, the Republican candidate for Con- 
gress'in the First district of said State, desiring and intending to vote for the said 
George W. Murray, and upon his attempting to so vote was denied the right to so 
vote, and his vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 






312 


MURRAY VS. ELLIOTT. 


required by statute, be bad applied for registration under tbe laws of South Caro- 
lina, being entitled to sucb registration, but bad been refused and denied tbe right 
to register; and he further states that if lie bad been permitted to register and to 
vote at said election be would have voted for George \\ . Murray, tbe Republican 
candidate for Congress in said district. 

And tbe undersigned further states that be is qualified even under tbe present con¬ 
stitution, as be can read and write, as evidenced by tbe fact that be signs this in 
bis own bandwriting. 

David Gibus. 

Witnesses: 

Minus Alston, 

S. D. Goff. 

Personally appeared-and made an oath that tbe above statement is 

correct. 

-, Notary Public. 

Prospect Hill, S. C., November 3, 1S96. 

[Sixty-six affidavits same as above filed with this exhibit.] 

P. W. WILSON, sworn, testifies : 

Q. Name, age, occupation, place of residence?—A. P. W. Wilson; 37; school-teacher; 
Black River. 

Q. Where were you on tbe 3d day of November last—tbe day of election?—A. At 
Brown Ferry. 

Q. How long were you there?—A. From tbe opening of tbe polls till tbe closing of 
tbe polls. 

Q. What were you doing there?—A. Taking notes—affidavits, they call them. 

Q. Please examine these [banding papers to witness] and tell me what they are?— 
A. These are tbe notes I took. 

(Counsel for contestant offers tbe affidavits in evidence, marked “Exhibit D.” 

Counsel for contestee objects to tbe introduction of these affidavits upon tbe same 
grounds as those stated above in reference to tbe papers exhibited to and identified 
by tbe witness S. D. Goff, except as to specification (a), and also except as to speci¬ 
fication numbered ( d ), so far as tbe same applies to those affidavits now submitted 
in evidence, purported to have been made by Noali Johnson, London Session, Dick 
Alston, W. M. Myers, William Armstrong, Joe Reed, Richard Henderson, Thos. Young, 
Peter Washington, William Brown, Richard Holmes, Peter Daniel, Jack Session, 
Ismael Knickerson, Israel Lawrence, John Myers, Anthony Armstrong, Merryan 
Rice, Solomon Session, Gerry Sparkman, and David Washington; also, upon tbe fur¬ 
ther ground that there is no evidence tbatP. W. Wilson, before whom these affidavits 
purport to have been made, was at tbe time of taking tbe same a notary public.) 

Cross-examination: 

Q. Are you tbe P. W. Wilson whose name is signed to these affidavits?—A. Yes, sir. 

Q. Please explain to me the difference between tbe No. 1 blanks and tbe No. 2 
blanks.—A. According to my recollection, tbe No. 1 blank is for those who can read 
and write, and tbe No. 2 for those who can not. 

Q. Here is a blank purported to have been signed by London Session. This blank 
states that he signed it in bis own handwriting. Please look at that. Did you sign 
your name to that?—A. Yes, sir. 

Q. Did you write tbe name London Session in tbe blank space in tbe jurat [point¬ 
ing it out to tbe witness] ?—A. No, sir. 

Q. Who wrote it, if you know of your own knowledge?—A. I don’t know. 

Q. Who wrote “London Session” at the foot of tbe printed statement?—A. He 
did, sir. 

Q. Where does London Session live?—A. Black River. 

Q. Do you know him?—A. Yes, sir. 

Q. How old is be?—A. About my age. 

Q. What is bis occupation?—A. Turpentine farming. 

Q. Does be run a turpentine farm of bis own, or does be work for someone?—A. 
He works for Mr. 0. B. Skinner. 

Q. Who wrote tbe names of “A. J. Taylor” and “ John F. Verreen” on this same 
affidavit?—A. They did themselves. 

Q. Here is an affidavit of Noah Johnson. Who wrote bis name in these two blank 
spaces where it occurs?—A. He did himself in tbe first blank; I don’t know who did 
it in tbe second. 

Q. Who wrote Dick Alston’s name in those two blank spaces?—A. First place 
Dick Alston; I don’t know who did in tbe second. 

Q. Don’t they look to you as if they were written by tbe same person?—A. If they 
wanted to look so. 






MURRAY VS. ELLIOTT. 


313 


Q. AYbo wrote W. M. Myers’s name in these two blanks?—A. He did. 

Q. Who signed your name on this affidavit of Wm. Armstrong’s?—A. I don’t know, 
sir. 

Q. Did you sign your name on Dick Alston’s?—A. Y'es, sir. 

Q. Did you sign your name on W. M. Myers’s?—A. Yes , sir. 

Q. Did you sign your name on Joe Reed’s?—A. No, sir. 

Q. How many men named “ Dick Alston ’’ did you see at the Brown Ferry polls on 
the day of the last election?—A. Two; to my recollection. 

Q. Where do these two men live and for whom do they work?—A. One of them is 
a stranger to me and 1 don’t know where he lives; the other lives not far from me 
and works for Mr. O. B. Skinner. 

Q. Which one of those Alstons made this affidavit signed by you?—A. The one 
who lives near me. 

Q. Did the other one make an affidavit before you that day?—A. No; not to my 
recollection. 

Q. Did the other one sign as a witness on an affidavit that day before you?—A. I 
can’t recollect, sir. 

Q. Did you sign your name on this affidavit by George Briggs?—A. Yes. 

Q. Did you sign your name on this affidavit by Ben Small?—A. Y’es; I believe I 
signed that. 

Q. Please state what you did with these affidavits after you took them?—A. I gave 
them to R. B. Anderson on the day following the election. 

Q. What position did he hold that you should give them to him?—A. Through him 
I got them aud I turned them back to him; he was Congressional chairman. 

Q. Have you seen these affidavits since they went out of your possession?—A. 
No, sir. 

Q. Y r ou saw them just now when the counsel handed them to you. Is that the first 
time you have seen them since you turned them over to R. B. Anderson ?—A. Yes, sir. 

(Counsel for contestee here renews the objection made to the introduction of the 
affidavits through the witness S. D. Goff, on the ground that they are not produced 
from the proper custody. Counsel also objects further to the introduction of the 
following affidavits as not being signed or certified by any officer, this fact having 
just come to his notice in examining the affidavits, namely, those purporting to be 
made by Abram Mazyck, Decotia Knickerson, Hanuo Laurence.) 

Q. Please count the No. l’s and the No. 2’s and tell me how many there are of 
each?—A. Six No. l’s and sixty-seven No. 2’s. 

Redirect examination: 

Q. How long have you been a notary public? 

(Counsel for contestee objects, on the ground that the commission of the witness, 
if he is a notary, is the best evidence on this point.) 

A. About six years. 

P. W. Wilson. 


Exhibit D—M. B. Allen, notary public. 

Blank No. 2. 

Statk of South Carolina, Georgetown County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct, Brown Ferry, of Ward —, and legally qualified to register and vote 
therein, did on this, the 3d day of November, 1896, present himself at the said 
voting precinct to vote for George W. Murray, the Republican candidate for Con¬ 
gress in the First district of said State, desiring and intending to vote for the said 
George W. Murray, and, upon his attempting to so vote, was denied the right to so 
vote, and his vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register, and further states that if he had been permitted to register and to vote 
at said election, he would have voted for the said George W. Murray, the Repub¬ 
lican candidate for Congress in said district. 

Dunkin (his x mark) Miller. 

Witnesses: 

David Easterling. 

T. H. Lilley. 

Personally appeared Dunkin Miller and made oath that the above statement is 
correct. 

P. W. Wilson, Notary Public. 

November 3, 1896. 


314 


MURRAY VS. ELLIOTT. 


Blank No. 1. 

State of South Carolina, Georgetown County: 

This certifies that the undersigned, being over the age 21, male resident of the 
voting precinct Brown Ferry and legally qualified to register and vote therein, did, 
on this the 3d day of November, 1896, present himself at the said voting precinct to 
vote for George W. Murray, the Republican candidate for Congress in the first dis¬ 
trict of said State, desiring and intending to vote for the said George W. Murray, 
and, upon his attempting to so vote, was denied the right to so vote, and his vote 
thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration, under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and he further states that if he had been permitted to register and to 
vote at said election, he would have voted for George W. Murray, the Republican 
candidate for Congress in said district. 

And the undersigned further states that he is qualified even under the present con¬ 
stitution, as he can read and write, as evidenced by the fact that he signs this in his 
own handwriting. 

Noah Johnson. 

Witnesses: 

A.‘ J. Taylor. 

John F. Verreen. 

Personally appeared Noah Johnson and made oath that the above statement is 
correct. 

P. W. Wilson, Notary Public. 

November 3, 1896. 

[Seventy-three affidavits, same as above, all taken before P. W. Wilson, notary 
public, filed with this exhibit.] 

Sworn to and subscribed before me this 20th day of February, 1897. 

[seal.] Macon B. Allen, Notary Public t 

Took a recess till 4 p. m. 

Georgetown, Georgetown County, S. C., February 22, 1897. 

Pursuant to adjournment examination was resumed this forenoon at — o’clock. 

Present: J. I. V ashington, Esq., attorney for contestant, and Walter Hazard, Esq., 
attorney for contestee. 

F. A. WALKER, sworn, testifies: 

Q. Name, age, occupation and place of residence?—A. F. A. Walker, 25, school 
teacher, Georgetown. 

Q. V here were you on the 3d day of November last—election day?—A. Sandy 
Island. 

Q. Were you at the federal poll on that day, and if so, how long?—A. I was: till 
the closing of the poll. 

Q. What were you doing there?—A. I was there taking affidavits. 

Q. State, if you remember, about how many affidavits you took that day?—A. 
About twenty-nine. 

Q. Please take these and tell me what they are [handing papers to witnessl ?—A. 
These are the affidavits. J 

Counsel for contestant offers affidavits taken by witness, marked “Exhibit E.” 

(Counsel for contestee objects to the introduction of these affidavits upon the fol¬ 
lowing giounds: first, Because the affiants themselves are the proper persons to 
testify; Second, Because they are not in response to any allegation in the notice of 
contest; third, Because by this method of procedure the contestee is deprived of 
the right and opportunity of cross-examining the affiants themselves.) 

Cross-examination: 

Q. How long did these affidavits remain in your possession after the day on which 
they were taken?—A. About a week or so. 

Q. What then became of them?—A. I turned them over to Mr. R. B. Anderson to 
be sent to Mr. Murray’s attorney. 

Q. V hen did you next see them?—A. Today; in the possession of Mr. Washington 

Q. The attorney of Mr. Murray?—A. Yes, sir. ° 

Counsel for contestee here interposes a further objection to the introduction of 
these affidavits, because it now appears from the testimony of witness that they 


315 




MURRAY YS. ELLIOTT. 

passed out of his possession shortly after being taken by him and have since come 
in possession of the contestant’s attorney, by whom they were produced at this ex¬ 
amination, and that, therefore, they are not produced from the proper custody. 

S. A. Walker. 

Exhibit E.—M. B. A., N. P. 

Blank No. 2. 

State of South Carolina, Georgetown County. 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting Precinct Sandy Island, and legally qualified to register and vote therein, did, 
on this, the 3d day of November, 1896, present himself at the said voting Precinct to 
vote for Geo. W. Murray, the Republican candidate for Congress in the First Dist¬ 
rict of said State, desiring and intending to vote for the said Geo. W. Murray, and, 
upon his attempting to so vote, was denied the right to so rote, and his vote thus 
offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Carolina, 
being entitled to such registration, but had been refused and denied the right to 
register, and further states that if he had been permitted to register and to vote at 
said election, he would have voted for the said Geo. W. Murray, the Republican 
candidate for Congress in said District. 

Andrew (his x mark) Rhodes. 

Witnesses: 

Abraham Hirriot. 

William Mirrau. 

Personally appeared Andrew Rhodes and made oath that the above statement is 
correct. 

S. A. Walker, Notary Public. 

Sandy Island, S. C., Nov. 3, 1896. 

[Twenty nine affidavits, same as above, all taken before S. A. Walker, notary 
public, filed with this exhibit.] 

Sworn to and subscribed before me this 22d day of February, 1897. 

[seal.] Macon B. Allen, Notary Public. 

R. B. ANDERSON, sworn, testifies: 

Q. Name, age, occupation, and place of residence.—A. R. B. Anderson; 38; teacher; 
Georgetown. 

Q. What position do you hold in the Republican party of your county ?—A. County 
Congressional chairman. 

Q. As county Congressional chairman what connection, if any, did you have with 
the taking of affidavits on election day last?—A. As county Congressional chairman 
I turned over to the several notaries public of the county blank forms of affidavits 
to take affidavits in behalf of George W. Murray, candidate for Congress, and after 
the election on the 3d of November the affidavits were all returned to me, and I 
turned them over to Mr. J. I. Washington, Mr. Murray’s attorney. 

Q. How long have you had them in your possession, and when did you turn them 
over to Mr. Washington?—A. I had them in my possession I suppose about a couple 
of months, and turned them over to Mr. Washington I think last week. 

Q. Please state what, if any, connection you had with the constitutional conven¬ 
tion held in Columbia, S. C., in 1895. 

(Counsel for contestee objects to this question on the ground that it is irrelevant 
and immaterial, and on the further ground that it is not in response to any allega¬ 
tion in the notice of contest.) 

A. I was elected a delegate to the constitutional convention from this county and 
served as a member. 

Q. Please state whether, as such member, before entering upon the duties of the 
convention you or any other member were required to take any oath. 

(Counsel for contestee renews his objection just made, and desires this objection 
to be taken as applying to all questions which may be propounded to witness rela¬ 
tive to the constitutional convention of 1895, or the proceedings thereof, or witness’ 
connection therewith; and also upon the further ground that even if the proceedings 
of said convention were germane or material to the issue raised under the pleadings 
in this contest the official journals of said proceedings would be the proper evidence 
on that point.) 

A. I was not required to take any oath. I think there were one or two delega¬ 
tions sworn, but after some discussion the swearing in of the members of the said 
convention was dispensed with. 


316 


MURRAY VS. ELLIOTT. 


Q. Has the constitution adopted by that convention ever been subsequently sub¬ 
mitted to the people of the State for ratification ? 

(Counsel for contestee renews the objection just made.) 

A. No, sir. 

Q. You stated that soon after the last election the affidavits taken at the several 
polls in your county were handed to you as county Congressional chairman. Please 
take these and state what they are [hands papers to witness].—A. These are the 
affidavits that were taken at the voting precinct in the city of Georgetown in behalf 
of (feo. W. Murray, Republican candidate for Congress from the First Congressional 
district. ... 

Q. Please state what these are [hands papers to witness].—A. These are affidavits 
that were turned over to me by M. .J. Langley, notary public of voting precinct 
Choppee. 

Q. State what these are [hands papers to witness].—A. These are the affidavits 
that were taken at Upper Waccamaw precinct by J. B. Sherald in behalf of Geo. W. 
Murray, Republican candidate for Congress from the First Congressional district 
of South Carolina. 

Q. What are these [hands papers to witness].—A. These are the affidavits taken 
by A. T. Brockiugton, notary public, at the voting precinct of Iveys in behalf of 
G. W. Murray, candidate for Congress from the First Congressional district, South 
Carolina. 

Q. Please state what these are [bauds papers to witness].—A. These are the affi¬ 
davits taken at the voting precinct of Cedar Creek in behalf of G. W. Murray, 
Republican candidate for Congress from the First Congressional district of South 
Carolina. 

Q. Then you identify these affidavits as a part of those turned over to you soon 
after the election and which you had in your custody until handed to Mr. Wash¬ 
ington last week?—A. Yes, sir. 

(Counsel for contestant offers in evidence statements or affidavits taken at the 
Georgetown precinct, November 3, 1896, marked “ Exhibit F; ” also affidavits taken 
at Choppee precinct, Georgetown County, November 3,1896, marked u Exhibit G;" * 
also affidavits taken at Upper Waccamaw precinct, Georgetown County, S. C., 
November 3, 1896, marked “ Exhibit H;” * also affidavits taken at Iveys, Georgetown 
County, S. C., November 3, 1896, marked “ Exhibit I;” also affidavits taken at Cedar 
Creek, Georgetown County, S. C., November 3, 1896, marked “Exhibit J.” 

Counsel for contestee objects to the introduction of all these affidavits on the fol¬ 
lowing grounds: (1) Because the affiants themselves are the proper parties to testify; 
(2) because they are not in support of any allegation contained in the notice of con¬ 
test; (3) because by this method of procedure the contestee is deprived of the right 
and opportunity of cross-examining the parties alleged to have made the affidavits; 
(4) because it appears from the testimony of the witness that these alleged affidavits 
are not produced from the proper custody; (5) because none of these affidavits pur¬ 
port to have been made before or taken by witness, and the attempt to prove them 
by him deprives the contestee of the right of cross-examining the notaries public or 
other officers by whom said affidavits purport to have been taken at the time, place, 
manner, and other circumstances of taking the same; (6) because there is no evi¬ 
dence that the persons by whom the said affidavits purport to have been taken were 
at the time notaries public or other officers authorized by law to administer oaths. 

The counsel for contestee objects further to the introduction of the affidavits from 
Georgetown precinct on the following additional grounds: (1) Because it appears from 
the face of said affidavits that the name of the alleged affiant is not stated it the jurat 
or certificate of the officer in any of the said affidavits. The said jurat or certificate 
in each case reading as follows: “Personally appeared and made oath that the 
above statement is correct(2 ) because none of the said affidavits are subscribed by 
the alleged affiants; (3) because none of the said affidavits bear either the signature 
or the seal of a notary public or other officer authorized bylaw to administer oaths, 
and therefore there is no evidence that the statements contained in the said alleged 
affidavits were made under the sanction of an oath. 

The counsel for contestee objects further to the introduction of the affidavits from 
Choppee precinct upon the following additional grounds: (1) Because in sixty-one 
of these affidavits the names of the affiants by whom they are certified to have been 
made are not the names of the voters alleged in said affidavits to have been denied 
the right to vote; (2) because the affidavit relating John Marlow (or Narlow) does 
not contain the name of any affiant in the jurat or certificate; (3) because none of 
said affidavits are subscribed by alleged affiants. 

Counsel for contestee objects further to the introduction of the affidavits from the 
Upper Waccamaw precinct upon the following additional grounds: (1) Because it 
appears upon the face of said affidavits that the names of the alleged affiants were not 


Not furnished.—Printer. 




MURRAY YS. ELLIOTT. 


317 


in any case inserted in the jurat or certificate of the officer by the officer himself, 
and in the absence of any other evidence on the point as to the time and place and 
manner of inserting said names it does not appear that the officer intended to certify 
that said statements, called affidavits, were sworn to by the alleged affiants; (2) 
because none of the said affidavits are subscribed by the alleged affiants. 

Counsel for contestee further objects to the introduction of the affidavits from 
Iveys precinct upon the ground that none of them are subscribed by the alleged 
affiants. 

Counsel further objects to the introduction of the affidavits from Cedar Creek pre¬ 
cinct upon the following additional grounds: (1) Because none of the said affidavits 
contain in the jurat or certificate of the officer the name of any affiant; (2) because 
none of the said affidavits are subscribed by any affiant; (3) because none of the 
said affidavits bear the signature or seal of any notary public or other officer 
authorized by law to administer oaths.) 

Q. Please examine these affidavits or statements from the Georgetown voting 
precinct and tell me whether any of them is subscribed by any officer or contains in 
the certificate the name of any affiant.—A. No, sir. 

Q. Does any of them contain what purports to be the signature of the affiant sub¬ 
scribed below the jurat or certificate?—A. No, sir. 

Q. Please examine these statements from the Choppee precinct and tell me whether 
any of them contains what purports to be the signature of the affiant subscribed 
below the jurat or officer’s certificate.—A. No, sir; I don’t see any. 

(Counsel exhibits to the witness affidavits from Upper Waccamaw precinct, marked 
Exhibit H.) 

Q. Please examine these affidavits and state whether any of them contains what 
purports to be the signature of any affiant subscribed below the jurat or certifi¬ 
cate.—A. No, sir; none. 

Q. Before whom do these affidavits purport to have been made?—A. John B. Sher- 
ald, notary public. 

Q. Are you familiar with the handwriting of John B. Sherald?—A. Yes, sir. 

Q. Please examine these affidavits and tell me whether in any of them the name of 
the affiant, as written in the jurat or certificate, is in the handwriting of John B. 
Sherald.—A. Yes, sir; I think some of them are, but am not certain. 

Q. Please point out those.—A. Boney Snipe, T. R. Johnson, Lazarus Gibbs, Union 
Campbell, Alston Smith, John Sumpter, Jack Ladson, John Weston, Paris Weston, 
Faith Johnson, Lewis Sherald, Romeo Moultrie, James Myers, Gifford Reese. That 
is about all I suppose, sir. 

Q. Please examine these affidavits from Iveys precinct and tell me whether any of 
them contains what purports to be the signature of any affiant subscribed below the 
jurat or certificate.—A. No, sir. 

Q. Please examine these affidavits from Cedar Creek precinct and tell me whether 
any of them bear what purports to be the signature of any affiant subscribed below 
the jurat or certificate.—A. No, sir. 

Q. Does the name of any affiant appear in the jurat or certificate on any of these 
affidavits?—A. No, sir. 

Q. Do any of them bear the signature or seal of any notary public or other officer 
authorized by law to admiuister oaths?—A. No, sir. 

Q. Where were you on the day of the last election in this State?—A. At the George¬ 
town precinct. 

Q. What were you doing there?—A. Superintending the distribution of tickets for 
G. W. Murray, candidate for Congress. 

Q. Were you at the Federal poll at any time during the day?—A. Yes, sir; several 
times. 

Q. Did you see any white men offer to vote and who were rejected by the managers 
because they were not registered?—A. No, sir; I did not see any. 

Q. Do you know of your own knowledge any colored voters who were registered 
and did not offer to vote on that day at the Federal poll in Georgetown precinct?— 
A. Yes, sir; I know one or two who did not offer to vote because they had left their 
registration certificate at home and some, or one or two, who had misplaced theirs 
and could not find it. 

Q. You do not know of your own knowledge that these affidavits from Upper Wac¬ 
camaw, Choppee, Iveys, and Cedar Creek were taken at those precincts on the day 
of election, do you?—A. I believe they were taken on that day. 

Q. 1 do not doubt your belief, but do you know it of your own knowledge?—A. 
No, sir; I do not know it of mv own knowledge. 

R. B. Anderson. 

Sworn to and subscribed before me this 22d day of February, 1897. 

fsEAL.1 Macon B. Allen, Notary Public. 


318 


MURRAY VS. ELLIOTT. 


Exhibits F, I, and J.— M. B. Allen, notary public. 

Blank No. 1. 

State of South Carolina, Georgetown County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct Georgetown, of Ward —, and legally qualified to register and vote 
therein, did on this the 3d day of November, 1896, present himself at the said voting 
precinct to vote for Geo. W. Murray, the Republican candidate for Congress in the 
First district of said State, desiring and intending to vote for the said Geo. W. Mur¬ 
ray, and, upon his attempting to so vote, was denied the right to so vote, and his 
vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Carolina, 
being entitled to such registration, but had been refused and denied the right to reg¬ 
ister; and he further states that if he had been permitted to register and to vote at 
said election he would have voted for Geo. W. Murray, the Republican candidate for 
Congress in said district. 

And the undersigned further states that he is qualified even under the present 
constitution, as he can read and write, as evidenced by the fact that he signs this in 
his own handwriting. 

Sam Johnson. 

Witnesses: 

Jas. H. Huggins. 

Pompy Green. 

Personally appeared - - and made oath that the above statement is 

correct. 

-, Notary Public. 

Georgetown, S. C., November 3, 1S96. 

Blank No. 2. 

State of South Carolina, Georgetown County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct Georgetown, of Ward —, and legally qualified to register and vote 
therein, did on this the 3d day of November, 1896, present himself at the said 
voting precinct to vote for Geo. W. Murray, the Republican candidate for Congress 
in the First district of said State, desiring and intending to vote for the said Geo. 
W. Murray, and upon his attempting to so vote was denied the right to so vote, 
and his vote thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Carolina, 
being entitled to such registration, but had been refused and denied the right to 
register, and further states that if he had been permitted to register and to vote at 
said election he would have voted for the said Geo. W. Murray, the Republican 
candidate for Congress in said district. 

James (his x mark) Bugs. 

Witnesses: 

A. B. Priest. 

Chas. Murry. 

Personally appeared-and made oath that the above statement is 

correct. 

-, Notary Public. 

Georgetown, S. C., November 3, 1896. 

[Two hundred and forty-six certificates, same to above, filed with these exhibits.] 

A. T. BROCKINGTON, sworn, testifies: 

Q. Name, age, occupation, place of residence.—A. A. T. Brockington: born in 1861: 
Black River. 

Q. Where were you on the 3d day of November last—election day?—A. At Iveys 
voting precinct. 

Q. Is that the correct name of that precinct?—A. Yes, sir. 

Q. Where is Potato Ferry?—A. Near or at Iveys. 

Q. How long were you at Iveys on that day?—A. I was there before they opened 
the polls and stayed until they were closed. 

Q. What were you doing there?—A. A manager at the Federal poll. 










MURRAY VS. ELLIOTT. 


319 


Q. What do you mean by a “manager” ?—A. I mean the manager of election. 

Q. Were you on the inside of the poll during the day?—A. Yes, sir. 

Q. Please examine these [handing Exhibit I to witness] and state what they 
are?—A. These are oath blanks. 

Q. Does your name appear on them; and if so, as what?—A. Yes, sir; as notary 
public. 

Q. When did you, as notary public, execute those papers? 

(Counsel for contestee objects to this question on the ground that the witness’s 
official character must be established by the production of his commission or by 
other competent proof before he can be admitted to testify as to any acts alleged to 
have been performed by him in such official capacity.) 

A. One the 3d day of November, 1896. 

Cross-examination: 

Q. What do you say your occupation was?—A. Sawmilling. 

(Counsel for contestee here interposes a further objection to the introduction of 
the affidavits marked Exhibit I upon the ground that it appears from the testimony 
of the witness on the direct examination that he was acting on the day of election 
as a manager of election and the taking of affidavits by him in behalf of one of the 
candidates of said election was not consistent with his duties as a manager of elec¬ 
tion which required him to be entirely disinterested.) 

Q. What is your age?—A. Was born in 1861. 

Q. I did not ask you what year you were born in; I wish to know how many years 
old you are?—A. Thirty-six. 

Q. Did you vote at that election?—A. Yes, sir. 

Q. Cau you tell me what an affidavit is?—A. An affidavit is an oath. 

A. T. Brockington. 

Sworn to and subscribed before me this 22d day of February, 1897. 

[seal.] Macon B. Allen, Notary Public. 

Adjourned at 3 p. m. till 4.30 p. m. 

Examination pursuant to adjournment resumed at 5.15 p. m. 

Present: J. I. Washington, esq., attorney for contestant, and Walter Hazard, esq., 
attorney for contestee. 

JOHN B. SHERALD, sworn, testifies: 

Q. Name, age, occupation, place of residence.—A. John B. Sherald; 31; mechanic; 
at Parkersville. 

Q. Where were you on the 3d of November last—election day ?—A. At Brook Green. 

Q. What is the "difference between Brook Green and Upper Waccamaw?—A. No 
difference at all, sir. 

Q. How long were you at the polls that day?—A. From 6 in the morning till 4 in 
the afternoon. 

Q. What were you doing there that day?—A. Serving as a notary, taking affida¬ 
vits. 

Q. How long had you been a notary public? 

(Counsel for contestee objects to this question upon the ground that if witness is 
a notary public his commission is the best evidence on this point.) 

A. Ever since the election before the last. 

Q. Please take these [handing affidavits marked Exhibit H to witness] and state 
what they are.—A. Affidavits of Mr. G. W. Murray. 

Q. Have you ever seen those affidavits before? And if so, state when.—A. I saw 
those affidavits on November 3 last. 

Q. By what notary public were they executed? 

(Counsel for contestee objects to this question upon the ground that evidence of 
the official character of the notary public before whom these affidavits are alleged 
to have been taken must be adduced before this question can be admissible.) 

A. By John B. Sherald. 

Q. Who is John B. Sherald?—A. I am he. 

Cross-examination: 

Q. Please examine these affidavits and state whether the name of the affiants as 
they appear in the jurat or official certificate were written by you.—A. No, sir. 

John B. Sherald. 

Sworn to and subscribed before me this 22d of February, 1897. 

[seal.] Macon B. Allen, Notary Public. 

Adjourned at 5.35 to 10 a. m. to-morrow. 


320 


MURRAY VS. ELLIOTT. 


Georgetown,, S. C., February 23, 1897. 

Examination resumed, pursuant to adjournment, at 12 m. 

Present: J. I. Washington, esq., attorney for contestant, and Walter Hazard, esq., 
attorney for contestee. 

WILLIAM CUTTINO, sworn, testifies: 

Q. Name, age, occupation, and place of residence?—A. William Cuttino; 26; farm¬ 
ing; Choppee, Georgetown County, S. C. 

Q. Did you apply for a registration certificate under the new constitution; and if 
so, did you get one?—A. Yes; but did not get one. 

Q. When did you apply for your certificate, and where?—A. September; at 
Georgetown. 

Q. What reason did they give for refusing to register you?—A. Said I didn’t pro¬ 
nounce the word correctly. 

Q. Had you paid your taxes before, and did you present your tax receipt when 
you applied?—A. Yes, sir. 

Q. Have you ever been convicted of any crime?—A. No, sir. 

Q. Can you read?—A. Yes, sir; I can read a little. 

Q. Did you offer to vote at the Federal poll at last election; and, if so, were you 
allowed to vote?—A. Yes; not allowed to vote. 

Q. If you were allowed to vote, for whom would you have voted for Congressman 
from this district?—A. George W. Murray. 

Cross-examination: 

Q. What section of the constitution were you required by the board to read?—A. 
Section 5. 

Q. What was it about?—A. Jurisdiction powers. 

Q. Here is a copy of the constitution of 1895. Please show me in this book what 
section they asked you to read.—A. Section 5. 

Q. Is this the section here [pointing out to the witness section 1, article 5J ?—A. 
Yes, sir. 

Q. Will you tell me what word in that section it was which you mispronounced?— 
A. “Vested.” 

Q. Show me that word in here.—A. Here it is [pointing to the word “vested” in 
the first line of the section]. 

Q. How did you pronounce that word when they gave you the section to read?— 
A. I disremember now what I called it. 

Q. Will you read this section for me now?—A. No, sir. I read it once already. 

Q. Can you tell me what is the difference between the legislative and executive 
departments of the State government?—A. No, sir. 

Q. Does Congress belong to the executive department of the United States Gov¬ 
ernment?—A. Yes, sir. 

Q. When the board of registration refused to give you a certificate, did you appeal 
from their decision to any court or judge to determine your right to vote?—A. No, 
sir. 

William Cuttino. 

Sworn to and subscribed before me this 23d day of February, 1867. 

[seal.] Macon B. Allen, Notary Public. 

(Counsel for contestant offers in evidence affidavits purporting to have been 
taken by Stephen Ladson, notary public at Grier’s precinct, Georgetown county, 
S. C., November 3, 1896, marked Exhibit.* 

Counsel for contestee objects to the introduction of these affidavits, upon the fol¬ 
lowing grounds: (1) Because the affiants themselves are the proper persons to tes¬ 
tify. (2) Because the affidavits are not in support of any allegation in the notice of 
contest. (3) Because by this method of proceedure the contestee is deprived of the 
right and opportunity of cross-examining the alleged affiants. (4) Because there is 
no evidence that Stephen Ladson, before whom these affidavits purport to have 
been taken, was at the time a notary public. (5) Because the name of the affiant 
does not appear in the jurat or certificate in any of these affidavits, the blank 
intended for the name being filled up with the words “ before me” in all but one of 
said affidavits. (6) Because none of these affidavits bear the signature of the alleged 
affiant, described below the jurat or certificate. (7) Because the affidavit purport¬ 
ing to have been made by John Young, in addition to the defects above pointedout, 
is not subscribed or sealed, or otherwise authenticated, by any notary public or 
other officer authorized by law. (8) Because the affidavits are not produced from the 
proper custody. (9) Because the affidavits have not been identified by the testi¬ 
mony of any witness. 


Not furnished.—Printer. 



MURRAY VS. ELLIOTT. 


321 


Counsel for contestant offers in evidence the certificate of the clerk of the court 
of common pleas and general sessions for Georgetown County, S. C., dated the 23d 
day of February, 1897, and marked Exhibit L. 

Counsel for contestee objects to the introduction of this certificate upon the ground 
that the commission of John B. Sherald as notary public, or if that be lost or 
destroyed, a certified copy thereof from the office of the secretary of state is the 
highest and best evidence of his official character; upon the further ground that the 
original roll of the office of the clerk of the court, properly produced and proven, is 
the best evidence of the enrollment of John B. Sherald as notary public.) 

Adjourned sine die at 2.15 p. m. 

Exhibit L.—M. B. Allen, notary public. 

The State of South Carolina, County of Georgetown; 

I, H. L. Smith, clerk of the court of common pleas and general sessions for the 
county and State aforesaid, do hereby certify that John B. Sherald is a notary pub¬ 
lic for the State of South Carolina, duly commissioned, and to all whose official acts 
as such full faith and credence is given, and that he has signed the roll kept in my 
office according to law. 

In witness whereof I have hereunto set my hand and affixed the seal of the said 
court, at Georgetown, S. C., this 23d day of February, A. D. 1897. 

[seal.] H. L. Smith, 

Clerk of Court of Common Pleas and General Sessions, Georgetoivn County , S. C. 

South Carolina, Georgetoivn County: 

I, M. B. Allen, a notary public in and for the State of South Carolina and in the 
Congressional district aforesaid, do hereby certify that the deponents herein named 
and duly summoned, to wit, John Pinckney, Thomas Chance, and produced by con¬ 
testant, personally appeared before me at Georgetown, Georgetown County, S. C., 
on the 16th day of February, 1897; John .Jones, Samuel Singleton, Anthony Wragg, 
Daniel Davis also personally appeared before me at Georgetown, Georgetown County, 
S. C., on the 17th day of February, 1897; also personally appeared before me J. W. 
Johnson, P. Washingt’on, Ned Murant at Pee Dee Store, Georgetown County, S. C., 
on the 18th day of February, 1897; also personally appeared before me Stepney Her- 
riott, Andrew Rhoades, James Sparkman, Scipio Washington at Sandy Island, 
Georgetown County, S. C., on the 19tli day of February, 1897; also personally 
appeared before me at Georgetown Court-House, Georgetown County, S. C., S. D. 
Goff, P. W. Wilson on the kOth day of February, 1897; also personally appeared 
before me at Georgetown Court-House, Georgetown County, S. A. Walker, R. B. 
Anderson, A. T. Brockington, John B. Sherald on the 22d day of February, 1897; 
also personally appeared before me at Georgetown Court-House, Georgetown County, 
S. C., William Cuttins on the 23d day of February, 1897. 

Witness my hand and seal this 26th day of April, 1897. 

[seal.] Macon B. Allen, Notary Public. 

17745-21 



TESTIMONY FOR CONTESTEE. 
Notices to take depositions. 


Hon. George W. Murray, Contestant: 

You will take notice that the undersigned will at liis office, Nos. 18 and 20 Broad 
street, on Thursday, March 2, 1897, at 10 o'clock a. rn., in the city and county of 
Charleston, and State aforesaid, examine and take testimony of the witnesses whose 
names are hereto annexed, in relation to and touching the issues involved in the 
above case, and that the said examination will continue from day to day until com¬ 
pleted, who will be examined before A. S. Salley, jr., a notary public in and for the 
State of South Carolina, or some other officer duly authorized by the laws of the 
United States to take depositions in contested election cases: J. Corbett, W. Bennett, 
J. Jones, B. H. Hollings, J. S. Hilton, Philip Patat, J. J. How ard, D. E. Beau, H. W. F. 
Meyer, John M. Wigfal, J. C. Von Santeu, E. A. Meyer, Edw. L. Roach, D. C. Thariu, 
T. W. Honour, W. C. Horlbock, W. C. Finley, Hugh B. Rose, M. A. Landers, R. C. Dal¬ 
las, A. B. Haight, E. N. Jenkins, J. B. Collins, E. W. Macbeth, John Ferguson, Oscar 
Jones, Wm. De Saussure, W. H. Croghan, Arthur Moore, Thos. Croghan, J. Edmonds, 
G. Rose, J. Diller, J. H. Thayer, R. B. Grice, and B. P. Cunningham, all of the city and 
county of Charleston and State of South Carolina. 

Jos. W. Barnw ell, 
Attorney for William Elliott, Contestee. 

Charleston, S. C., February 27, 1897. 

I accept service of within notice to take testimony this 27th day of February, 1897. 

J. B. Edwards, Counsel for Contestant. 

Hon. George W. Murray, Contestant: 

You will take notice that the undersigned will, at his office, Nos. 18 and 20 Broad 
street, on Wednesday, March 10, 1897, at .10 o’clock a. in., in the city and county of 
Charleston and State aforesaid, examine and take testimony of the witnesses whose 
names are hereto annexed, iu relation to and touching the issues involved in the 
above case, and that the said examination will continue from day to day until com¬ 
pleted, who will be examined before Edward F. Mayberry, a notary public in and 
for the State of South Carolina, or some other officer duly authorized by the laws of 
the United States to take depositions in contested election cases: William O’Herrin, 
John Keegan, John E. Koster, D. B. Haselton, John Semken, Paul Antonio, L. E. 
Williams, H. M. Lofton, W. J. Mott, George Worrall, O. McBride, J. R. Hasell, all 
of the city and county of Charleston and State of South Carolina. 

Jos. W. Barnvhsll, 
Attorney for William Elliott, Contestee. 

Charleston, S. C., March 8, 1897. 

I accept service of a copy of within notice to take testimony this 8th day of March, 
1897. 

J. B. Edwards, Attorney for Contestant. 


Hon. G. W. Murray, Contestant: 

You will take notice that the undersigned will, at his office, 18 and 20 Broad street, 
on Tuesday, March 16, 1897, at 10 o’clock a. m., in the city and county of Charleston 
and State aforesaid, examine and take testimony of the witnesses w T hose names are 
hereto annexed, in relation to and touching the issues involved in the above case, 
and that the said examination will continue from day to day until completed, who 
will be examined before Edward F. Mayberry, a notary public in and for the State 
of South Carolina, or some other officer duly authorized by the laws of the United 
States to take depositions in contested election cases: W. Hampton Smith, 50 Chapel 
street; William Donelan, 18 Alexander street; William McMahon, 25 John street; 

322 



MURRAY YS. ELLIOTT. 


323 


Geo. B. Edwards, 4 Ladson street; Frank O’Neill, 258 King street; J. J. Koopman 
38 Amherst street; Wra, Aiken Kelly, 177 Wentworth street; II. W. Hendricks’ 
Mount Pleasant, all of the city and county of Charleston and State of South Carolina’ 

Jos. W. Barnwell, 
Attorney for William Elliott, Contestee. 

Charleston, S. C., March 13, 1897. 

I accept service of copy within notice to take depositions March 13, 1897. 

J. B. Edwards, Attorney for Contestant. 

Hon. G. W. Murray, Contestant: 

You will take notice that the undersigned will, at his office, 18 and 20 Broad 
street, on Tuesday, March 23, 1897, at 10 o’clock a. m., iu the city and county of 
Charleston and State aforesaid, before Edward F. Mayberry, a notary public in and 
for the State of South Carolina, or some other officer duly authorized by the laws of 
the United States to take depositions in contested election cases, examine and take 
testimony of the witnesses whose names are hereto annexed, in relation to and 
touching the issues involved in the above case, and that the said examination will 
continue from day to day until completed: Jos. W. Barnwell, esq., No. 48 South Bay; 
James Reedy, No. 221 King street; A. R. Dennis, Macbeth, S. C., the first two of the 
city and county of Charleston and State of South Carolina and the third of the 
county of Berkeley and State of South Carolina. 

Jos. W. Barnwell, 
Attorney for William Elliott, Contestee. 

Charleston, S. C., March 19, 1897. 

I accept service this 20th day of March, 1897. 

W. F. Myers, Attorney for Contestant. 


Hon. G. W. Murray, Contestant: 

You will take notice that the undersigned will, at his office, 18 and 20 Broad street, 
on Monday, March 29, 1897, at 10 o’clock a. m., in the city and county of Charleston 
and State aforesaid, before Edward F. Mayberry, a notary public in and for the State 
of South Carolina, or some other officer duly authorized by the laws of the United 
States to take depositions in contested election cases, examine and take testimony 
of the witnesses whose names are hereto annexed, in relation to and touching the 
issues involved in the above case, and that the said examination will continue from 
day to day until completed: Theo. G. Barker, esq., Broad street; J. N. Nathans, esq., 
Broad street, all of the city and county of Charleston and State of South Carolina. 

Jos. W. Barnwell, 
Attorney for William Elliott, Contestee. 

Charleston, S. C., March 26, 1897. 


I accept service of within notice. 
March 26, 1897. 


W. F. Myers, Attorney for Contestant . 


Hon. G. W. Murray, Contestant: 

You will take notice that the undersigned will, at his office, 18 and 20 Broad street, 
on Wednesday, March 31, 1897, at 9.30 o’clock a. m., in the city and county of 
Charleston and State aforesaid, before Edward F. Mayberry, a notary public in and 
for the State of South Carolina, or some other officer duly authorized by the laws of 
the United States to take depositions in contested election cases, examine and take 
testimony of the witness whose name is hereto annexed, in relation to and touching 
the issues involved in the above case, and that the said examination will continue 
from day to day until completed: Elias Yenning, Mount Pleasant, S. C. 

Jos. W. Barnwell, Attorney for Contestee. 

Service accepted this 29th day of March, 1897. 

W. F. Myers, Attorney for Contestant. 


Hon. G. W. Murray, Contestant: 

You will take notice that the undersigned will, at Military Hall, on Thursday, 
April 1, 1897, at 10 o’clock a. m., on Edisto Island, in the county of Charleston and 
State aforesaid, before Edward F. Mayberry, a notary public in and for the State of 
South Carolina, or some other officer duly authorized by the laws of the United 
States to take depositions in contested election cases, examine and take testimony 
of the witnesses whose names are hereto annexed, in relation to and touching the 


324 


MURRAY VS. ELLIOTT. 


issues involved in the above case, and that the said examination will continue from 
day to day until completed: E. Mitchel Whaley, E. Mitchel Seabrook, I. A. King, 
J. G. Murray, Ralph Bailey, all of whom are residents of said Edisto Island, county 
and State aforesaid. 

Jos. W. Barnwell, Attorney for Contes tee, 

I accept service this 29th day of March, 1897. 

W. F. Myers, Attorney for Contestant. 

Hon. G. W. Murray: 

You will please take notice that the undersigned will, at Johns Island Ferry, on 
Friday, April 2, 1897, at 10 o’clock a. m., in the county of Charleston and State 
aforesaid, before Edward F. Mayberry, a notary public in and for the State ot South 
Carolina, or some other officer duly authorized by the laws of the United States to 
take depositions in contested election cases, examine and take testimony oi the wit¬ 
nesses whose names are hereto annexed, in relation to and touching the issues 
involved in the above case, and that the said examination will continue from day to 
day until completed: T. G. Grimball, R. H. Hart, Dr. J. E. Fripp, all of whom are 
residents of the county and State aforesaid. 

Jos. W. Barnwell, Attorney for Contestee. 

I accept service this 30th day of March, 1897. 

W. F. Myers, Attorney for Contestant. 

Charleston, S. C., March 2 , 1897. 

Pursuant to notice hereto annexed, 1 did, on this day and at the above-stated 
place, take the depositions of witnesses produced before me by the contestee and 
named in said notice. 

At the taking of these depositions contestee was represented by W. Tenney Logan, 
esq., and the contestant by J. B. Edwards, esq. 

The following are the depositions: 

J. S. HILTON, being duly sw r orn, says: 

Q. Give your name, age, and address.—A. James S. Hilton; 55 years; live at 131 
Line street, Charleston, S. C. 

Q. Where were you on November 3 last—election day?—A. At the corner of 
Morris and Coming streets, at the Federal poll, Ward 11, precinct 1. I was one of 
the managers. 

Q. During the taking of depositions in the interest of Geo. W. Murray one C. S. 
Vanderhorst testified that he w r as prevented by the managers at Ward 11, first pre¬ 
cinct, from witnessing the count, the managers saying they had no authority to 
admit anyone to witness the count. Is this true or false?—A. It is false. 

Q. Did any colored men wi ness the count at that poll?—A. Yes, sir; there was 
one colored man and one white man, one representing Cohen and the other Murray. 
They stood just behind the managers, and as each ticket was drawn from the box 
was opened and field so that each one could see what was on it and make his tally 
same as managers. When count was over they expressed themselves that the count 
w as satisfactory and the tallies on both sides footed up the same, and that they w T ere 
perfectly satisfied w ith the count. 

Q. Was the count free and open, or were attempts made to conceal anything con¬ 
nected with the count of the ballots?—A No attempt whatever. The door was 
wide open and at least a dozen men w itnessed the count. 

Q. Did any colored man at all apply to yon, saying that he wished to see the count 
of the ballots and that he w r as ward chairman and a representative of G. W. Mur¬ 
ray, aud you refused to allow him to witness the count?—A. No. 

Q. Did you or not have instructions from Mr. J. II. Thayer, the chairman of the 
board of commissioners of Federal elections, to allow at least one representative from 
each side to witness the count?—A. I did, and Mr. Thayer drove up later in the day 
and repeated the same instructions. 

Cross-examination by J. B. Edwards, Esq.: 

Q. Can you give me the name of the colored man who witnessed the count as rep¬ 
resentative of Murray?— A. I can not; there were a good many men there, but there 
was a representative of each party. 

Q. Can yon give me the name of a white man w’ho witnessed the count as the rep¬ 
resentative of Cohen?—A. I knew r none of them; they were strangers to me. 

Q. How far was this colored man standing from the box during the count?—A. 
Not more than 3 or 4 feet; he was standing right over the manager. 

Q. You have stated with reference to some instructions given you as a manager by 


MURRAY YS. ELLIOTT. 325 

Mr. Thayer, chairman of the hoard of Federal commissioners. Were those instruc¬ 
tions in writing?—A. They were not, but were repeated several times. 

Q. To what political party did the managers at that poll belong?—A. Democratic 
party. 

J. S. Hilton. 

Sworn to before me this 2d day of March, 1897. 

[seal.] Geo. H. Momeier, 

Notary Public, South Carolina. 

B. H. HOLLINGS, being duly sworn, says: 

Q. What is your name, age, and where do you live?—A. B. H. Hollings; 44 years; 
reside at 276 Rutledge avenue. 

Q. Where were you and what official position did you hold on the 3d day of 
November last?—A. I was manager of election; I was at the corner of Morris and 
Coming streets, Ward 11, precinct 1. 

Q. Who were the other managers?—A. Mr. Hilton and Mr. Patat. 

Q. Did you or not have instructions from J. H. Thayer, chairman of board of Fed¬ 
eral commissioners of Charleston County, to allow at least one representative from 
each side to witness the count, and were those instructions complied with? 

(Counsel for contestant objects to the question on the ground that it is leading.) 

A. I did have such instructions, aud they were fully complied with. At the time 
of the counting of the ballots there were two men there, one representing Cohen 
and the other Murray; they were inside the poll, standing up at the table taking 
the tally with us. When we got through they expressed themselves as being satis¬ 
fied. There were other men standing around the place at same time. 

Q. Was any attempt made lo exclude anyone, white or colored, who desired to 
witness the count?—A. None at all. 

Q. Did any colored man apply to you as one of the managers, saying that he was 
ward chairman and the representative of Murray and wished to witness the count, 
and you refused to allow him to do so?—A. No. 

Cross-examined by J. B. Edwards, Esq.: 

Q. Were the instructions that you received from Mr. Thayer, chairman of the 
board of Federal commissioners, in writing?—A. No. 

Q. Can you give me the name of the colored man who was allowed to witness the 
count in the interest of Murray?—A. Don’t know him. 

Q. Can you give me the name of the white man who witnessed count in the inter¬ 
est of Mr. Cohen?—A. No, sir. 

B. H. Hollings. 

Sworn to before me this 2d day of March, 1897. 

[seal.] Geo. H. Momeier, 

Notary Public, South Carolina. 

L. P. PATAT, sworn, testifies: 

Q. What is your name, age, and residence?—A. L. P. Patat; 52 years; 199 St. 
Philip street. 

Q. Where were you and what official position did you hold on November 3 last?— 
A. I was manager of Federal election, Ward 11, precinct 1, at the southeast corner 
of Coming and Morris streets. 

Q. As such manager did you or not have instructions from ,J. H. Thayer, chairman 
of the board of Federal commissioners for Charleston County, to allow one repre¬ 
sentative from each party to witness the count of the ballots? 

(Object, on the ground that it is leading.) 

A. 1 did have such instructions, and they were fully complied with. 

Q. Were any colored men present during the count of the ballots at your polls?— 
A. There were. They stood just over the box, and as I called the ballots off, Murray 
and Elliott, they kept tally with me as names were called, and they expressed them¬ 
selves as being perfectly satisfied with the count. 

Q. Did any colored man apply to you, saying that he was the ward chairman and 
a representative of Murray, and ask to be allowed to witness the count, and whom 
you refused to allow to witness same?—A. No one made such request and I refused 
no one. 

Cross-examined by J. B. Edwards, Esq.: 

Q. How near were these colored men to the box who were allowed to witness 
the count?—A. They were standing right over the box when ballots were being 
counted, say about 2 or 3 feet. They could lean over aud see iu the box. 1 showed 
them the ballots as they were taken from the box. We were very careful about 
counting the ballots and the names so that no mistake would be made. 


326 


MURRAY YS. ELLIOTT. 


Q. Can you give me the name of one of those colored men who witnessed the 
count?—A. No, sir; the two men were keeping tally, but there were so many stand¬ 
ing around I did not take the names of any of them. I simply carried out the 
request of Mr. Thayer, and allowed those to come in and witness the count. 

L. P. Patat. 

Sworn to before me this 2d day of March, 1897. 

[seal.] Geo. H. Momeier, 

Notary Public , South Carolina. 


J. J. JONES, being duly sworn, says: 

Q. What is your name, age, and residence?—A. J. J. Jones; reside at 64 Concord, 
and am 33 years of age. 

Q. Where were you and what official position did you hold on the 3d day ot 
November last?—A. 1 was manager of Federal election at precinct 1, \N ard 5, which 
was at Laurens street, one door from East Bay street. 

Q. Who were the other managers?—A. William Bennett and James Corbett. 

Q. Did you or not have any instructions from Mr. Tliayer, chairman ot board of 
Federal commissioners of Charleston County, with reference to counting of ballots 
at your precinct?—A. I did. He told us to allow a man from each side to come 
inside the poll and witness the count. These instructions were fully complied with. 

Q. Did any colored men witness the count at your precinct?— A. Two men; one 
was present on the inside of the table the other was on the outside of the table, 
right over the boxes; as we called out the ballots they kept a tally of the vote; 
when we got through they expressed themselves as being satisfied with the count. 

Q. Did you refuse any colored men who asked to be allowed to see the count? A. 
I did not. 

Cross-examination by J. B. Edwards, Esq.: 

Q. What were the names of those two colored men who witnessed the count?— A. 
Don’t know. 

Q. Do you know whether or not they lived in that precinct?—A. No; I can’t say. 

Q. Do you know whether or not they voted at that preciuct during that day?—A. 
They did vote. 

Q. To what political party did the managers of that precinct belong?—A. Demo¬ 
cratic party. 

J. J. Jones. 

Sworn to before me this 2d day of March, 1897. 

[seal.] Geo. H. Momeier, 

Notary Public, South Carolina. 


W. J. BENNETT, sworn, testifies: 

Q. What is your name, age, and residence?—A. W. J. Bennett; 27 years; residence 
at No. 21 Henrietta street. I resided at 98 Anson street on November 3 last. 

Q. Where were you and what official position did you hold on November 3 last?— 
A. I was manager at Federal election, first precinct, Ward 5, situated in the rear 
of F. Wehman & Sous’ store, corner of East Bay and Laurens streets. 

Q. As such manager did you or not have certain instructions from Mr. J. H. 
Thayer, chairman of the board of Federal commissioners Charleston County, in 
reference to counting of ballots?—A. I did have instructions from Mr. Thayer to 
allow one representative from each party to witness the count, and those instruc¬ 
tions were fully complied with. 

Q. One E. Goindin, a witness on behalf of Murray, testified that no one witnessed 
the count at your poll except the managers. Is that true or false?—A. It is false. 
Two colored men were allowed to come in and witness the count; none but the two 
that were admitted asked to witness the count; all the colored men who asked were 
allowed to see it; the others were all standing just outside of the door; the door was 
open and they could all see the count. 

Cross-examination by J. B. Edwards, Esq.: 

Q. What were the names of the two colored men who were allowed to see the 
count?—A. Don’t know. 

Q. Do you know whether they reside in that precinct?—A. Do not. 

Q. Do you know whether they voted at your precinct that day?—A. Don’t know 
whether they did or not. 

W. J. Bennett. 

Sworn to before me this 2d day of March, 1897. 

[seal.] Geo. H. Momeier, Notary Public. 


MURRAY VS. ELLIOTT. 


327 


- J. J. HOWARD, sworn, testifies: 

Q. What is yonr name, age, and residence?—A. J. J. Howard; 29 years; reside at 
44 Blake street. 

Q. Where were you, and what official position did you hold, on November 3 last?— 
A. Manager of election (Federal), Ward 9, precinct 2, at corner of Cooper and 
America streets, in this city. 

Q. Did you or not, as a manager of election, receive certain instructions from J. H. 
Thayer, chairman of board of Federal commissioners, Charleston County, as to the 
counting of ballots?—A. I did. Our instructions were to allow one representa¬ 
tive from each party to come inside and witness the count. Those instructions were 
fully complied with. There were two colored men who witnessed and kept tally as 
ballots were being counted, and expressed themselves as being perfectly satisfied 
with the count. 

Q. One Joshua Teution testified, on behalf of G. W. Murray, that he witnessed 
the count of the ballots at your poll, and at close of the count there was a discrep¬ 
ancy between the number of names on the poll list and the number of ballots in the 
box. Is that true or false?—A. False. 

Q. When your poll list was returned with your boxes, did the number of names on 
the list tally with the number in the box?—A. Yes. 

Q. Tentiou stated that there were three ballots folded together for Colonel Elliott 
and the managers said if the ballots in the box outnumbered the names on the poll 
list they would destroy these ballots. Do you recollect ever having held such a 
conversation with either of the men who witnessed the count?—A. I don’t recollect 
any such conversation. 

Q. How many persons besides those colored men witnessed the count?—A. Only 
the two; and no white men outside of the managers witnessed tbe count. 

Cross-examination by J. B. Edwards, Esq.: 

Q. Do you remember how many ballots there were in the box when they were 
counted?—A. My recollection of it is 80. 

Q. Were there any ballots in the box folded together?—A. No. 

Q. Who were the other managers?—A. Mr. Beau. Don’t know the other one's 
name. 

Q. Were they all white men?—A. Yes. 

Q. What party do they belong to?—A. Democratic. 

Q. Do you remember how many names there were on the poll list?—A. I do not. 

Q. You have testified that you have no recollection of such a conversation as 
referred to the question asked you on your direct examination. Is it possible that 
if such a conversation had occurred you would not recollect it?—A. I would rec¬ 
ollect it. 

J. J. Howard. 

Sworn to before me this 2d day of March, 1897. 

[seal.] Geo. H. Momeier, 

JSotary Public, South Carolina. 

J.N. WIGFALL, sworn, says: 

Q. Wliat is your name, age, and residence, and where were you and in what 
official capacity were you acting on the 3d of November last?—A. J.N. Wigfall; 52 
years; lived at that time at 54 Calhoun street, now live at 134 Cannon street; was 
manager of Federal election in W ard 6, precinct 2, on Bull street, near Rutledge 
avenue. 

Q. Did you, as manager, receive certain instructions from Mr. J. H. Thayer, chair¬ 
man of the board of Federal commissioners. Charleston County, as to the counting 
of ballots?—A. I did. Our instructions were that a representative from either faction 
should be allowed inside to witness the counting of the ballots should they ask per¬ 
mission to do so. There was no permission asked by anyone. Indeed it would have 
been entirely unnecessary, as the counting of the ballots was done in as close prox¬ 
imity to the"bystanders on the outside as to the managers on the inside. The place 
at which the polls were opened had a door and window opening from the street. 
Across the window and door was placed a board probably 12 inches wide. On this 
the boxes were placed, and remained there until after the count was finished. 

Q. In the counting what position did you have?—A. I took the ballots from the 
boxes and called out the names. The ballots were taken out in full view of the 
bystanders, who were as near the boxes as I was. The boxes were resting on this 
board and they were on one side and I on the other side of the board. Some oi the 
people who stood there were colored people. Both white and black stood there. 
I can’t say how many. 

Cross-examination by J. B. Edwards, Esq.: 

Q. Who were the other managers ?—A. Major Van Santen. I can’t recall the name 
of the other man. That was the first time I ever met him. 


328 


MURRAY VS. ELLIOTT. 


Q. How far would you say the nearest colored man who witnessed the count 
was away from the box?—A. They were as close as we were; I should say not more 
than 12 inches. No man that I saw there was acting officially. They appeared to 
be spectators satisfying their curiosity. Everything was very quiet. 

Q. You have stated that you had instructions from Mr. Thayer to allow repre¬ 
sentatives from either faction to witness the count should they ask permission to do 
so. Did these instructions refer to the two factions of the Democratic party with 
reference to the Presidential electors?—A. I regard those instructions as referring 
to all factions who were represented in the election, including Presidential electors, 
Senators, and Congressmen. 

Q. To what political party did the managers at that precinct belong?—A. They 
were two reformers and one conservative. I can say that I voted the Democratic 
ticket. I can’t say anything about the others. 

J. N. WlGFALL. 

Sworn to before me this 2d day of March, 1897. 

[seal.] Geo. H. Momeier, 

Notary Public , South Carolina. 


JULIUS C. VAN SANTEN, being duly sworn: 

Q. What is your name, where do you live, your age, and in what official capacity 
were you acting on November 3 last?—A. Julius C. Van Santen; 37 years of age; 
I live at 37 St. Philip street, in this city. I was manager of Federal election, Ward 
6, precinct 2, held on Bull street, near Rutledge avenue, in this city. 

Q. As manager did you receive certain instructions from J. H. Thayer, chairman 
of board of Federal commissioners, Charleston County, relative to the counting of 
the ballots?—A. I did. Our instructions were to conduct the election properly; to 
allow all voters to approach the ballot box, cast their ballots, and at all times to 
allow free and open access to the boxes on the part of voters, provided no unruly 
carrying-on was indulged in. As to the counting of ballots, he was very positive in 
his instructions; that is, to count the ballots openly and to allow the voters to ap¬ 
proach the ballot box without possibility of upsetting same, and not in the slightest 
manner to hinder an open count of the ballots, which the managers faithfully car¬ 
ried out. 

Q. One D. Wiley, a witness on behalf of G. W. Murray, testified that no colored 
people could get to the places where votes were counted, as the door was shut, and 
that colored people had to stand at the window, which is about 3 feet from the bal¬ 
lot boxes. Is this false or true?—A. Absolutely false. They were right up against 
the board, about 3 inches from the ballot boxes. There must have been about ten 
or fifteen colored men present. They were requested to remain and witness the 
count, and after the count one of the managers asked if they were satisfied, and some 
one answered, “Perfectly so; have no objection to make.” 

Cross-examination by J. B. Edwards, Esq.: 

Q. Who were the other managers?—A. Mr. Meyer and Mr. J. N. Wigfall. 

Q. How near would you say the nearest colored man was to the box during the 
count?—A. I should say about 3 or 4 inches. 

Q. Do you remember any of their names?—A. I do not. 

Q. To what political party do the managers at that poll belong?—A. I can’t 
answer this question honestly, as I did not question them on the subject. I belong 
to the Democratic party. 

J. C. Van Santen. 

Sworn to before me this 2d day of March, 1897. 

[seal.] Geo. H. Momeier, 

Notary Public, South Carolina. 

At this point the examination adjourned until 10 a. m. tomorrow. 

[seal.] Geo. H. Momeier, 

Notary Public, South Carolina. 

Pursuant to adjournment, the examination of the witnesses was resumed March 
3, 1897, by consent, before Edward F. Mayberry, a notary public. 

Present: W. Turner Logan, attorney for contestee, and J. B. Edwards, attorney 
for contestant. 

JAMES EDMONDS, being duly sworn, says: 

Q. Give your name, age, and address.—A. James Edmonds; 35 years old; live at 
No. 338 East Bay. 

Q. Where were you on election day, November 3 last?—A. I was at the Federal 
poll on Society street, for Ward 5, second precinct. 

Q. You were a manager?—A. I was. 


MURRAY VS. ELLIOTT. 


329 


Q. Mr. Edmonds, as such manager do you ever remember having a conversation 
with a white Republican by name ot J. A. Nolan, to this effect: He says, ‘‘I carried 
up a colored man whose name was not on the registration list, and when the man- 
agers told him that he could not vote except under protest 1 told the managers that 
it lie did not vote at that poll he would vote somewhere else, and then he was 
allowed to vote? ’ A. I never had such a conversation. No such occurrence ever 
took place. 

Q. It such a thing had happened, would you have remembered it?—A. I certainly 
would, because I had instructions from Mr. Thayer, chairman of board of Federal 
commissioners of Charleston County. 

Q. Was this statement false?—A. It was false. 

Cross-examined by J. B. Edwards, Esq. : 

Q. Mr. Edmonds, what were the instructions that you had from Mr. Thayer?—A. 
To allow a representative from each party to see that the voting was fair and the 
count. 

Q. Were those instructions carried out?—A. They were. 

Q. Were those instruction in writing?—A. They were verbal. 

Q. Was there any colored man who offered to vote at that precinct on that day 
whose vote was rejected?—A. Yes; because they had neither registration ticket nor 
poll tax. 

Q. Do you remember having any conversation on the day of election and with ref¬ 
erence to the election with Mr. J. A. Nolan?—A. No; the only conversation the man¬ 
agers had with him at all was that they asked him to keep quiet when he was 
speaking loud and interfering with the count. 

J. Edmonds. 

Sworn to before me this 3d day of March, 1897. 

C L - s -] Edward F. Mayberry, 

Notary Public, South Carolina. 

M. DILLON, being duly sworn, says: 

Q. Give your name, age, and address.—A. M. Dillon; 30 years; 37 Wall street. 

Q. W here were you and in what capacity were you acting on the 3d of November 
last?—A. At the Federal poll of Ward 5, precinct 2, on Society street, acting as man¬ 
ager of election. 

Q. Do you ever remember having any conversation on the day of the election with 
reference to the election with Mr. J. A. Nolan to this effect: He said, “I carried up 
a colored man whose name was not on the registration list, and when the managers 
told him that he could not vote except under protest 1 told the managers that if he 
did not vote at that poll he would vote somewhere else, and then he was allowed to 
vote? 7 ’—A. I did not have that conversation and never heard it. 

Q. If such conversation had taken place, would you have recollected it?—A. Oh, 
yes, sir. 

Q. No such conversation took place, then, as Nolan testified to?—A. No, sir. 

Cross-examined by J. B. Edwards, Esq. : 

Q. Did you have any conversation during the day of the election and with refer¬ 
ence to the election with Mr. Nolan?—A. I did not have any conversation with 
Nolan. 

M. Dillon. 

Sworn to before me this 3d day of March, 1897. 

[l. s.] Edward F. Mayberry, 

Notary Public, South Carolina. 

O. M. JONES, duly sworn, says: 

Q. Give your name, age, and address.—A. O. M. Jones; age, 42; No.25 New street. 

Q. Where were you and in what capacity were you acting on the 3d of November 
last?—A. I was at precinct 2, Ward 2, on the corner of Broad and New streets, act¬ 
ing as manager of election ; I was chairman of the board of managers. 

Q. A colored man, W. W. Simmons, witness on behalf of G. W. Murray, testified 
that he saw four men rejected at your poll who had registration certificates and poll- 
tax receipts. Will you explain if there were any such rejections and why they were 
rejected?—A. I don't know any man by the name of Simmons. In regard to the 
registration tickets, there were three or four colored men who presented themselves 
that day; they had registration tickets but did not have the poll-tax receipts. Those 
registration tickets were old ones which were under the old constitution and not of 
the form that we were required to recognize. 

Q. Were any persons rejected at that poll who had new registration tickets and 
poll-tax receipts?—A. None; and I will swear to that, because I have always given 
every man justice, be he white or black. When I started the count I asked the 


330 


MURRAY VS. ELLIOTT. 


colored men to come in to see the count and be satisfied, which they did. Afler the 
count was over, going up with us with the ballot boxes, I asked them if they were 
satisfied with the count and they said they were perfectly satisfied, that it was a lair 
count. 

Cross examination by J. B. Edwards, Esq: 

Q. Can you give me the names of some of the colored men who witnessed the count 
and expressed themselves as satisfied therewith?—A. 1 can not give their names, 
because I did not know them. 

Q. Were there any other rejections during the day, except those which you have 
testified to?—A. Those are all I know of. 

Q. To what political party did the managers at that precinct belong?—A. I don’t 
know what their political parties were. I went there to do my duty. 

Q. You belong to the Democratic party, do you not?—A. I decline to answer. I 
vote to suit myself. 

O. M. Jones. 

Sworn to before me this 3d day of March, 1897. 

[l. s.J Edward F. Mayberry, 

Notary Public, South Carolina. 

JOHN FERGUSON, being duly sworn, says: 

Q. Give your name, age, and address.—A. John Ferguson; 57 years old; live at 
27 Savage street. 

Q. Where were you and in what capacity were you acting ou the 3d day of 
November last?—A. Corner of New and Broad streets at the Federal poll for Ward 2, 
precinct 2, acting as manager. 

Q. Do you remember any colored men, or were there any who were rejected who 
had registration certificates and poll-tax receipts at your poll? If there were any 
rejected, state under what circumstances.—A. There were none rejected that had 
registration certificates and poll-tax receipts that entitled them to vote in Ward 2. 
There were some three or four rejected who had old registration tickets. On one 
of them Stoppelbem was signed as supervisor, and this man had no poll tax. There 
was one rejected who showed me a receipt from a trial justice for his poll tax, this 
receipt being signed by Magistrate Disher. 

Q. The poll tax had to be paid six months before election, did it not? 

(Counsel for contestant objects on the ground that the time for payment of poll 
tax is fixed by law and the statement of this witness could not vary it.) 

Q. The poll tax had to be paid six months before election, and I drew this man’s 
attention to the fact that his receipt was dated only three or four days before the 
election. 

Cross-examined by .J. B. Edwards, Esq.: 

Q. Were you present at the count of the vote?—A. I was. 

Q. Can you give me the name of any colored man who witnessed the count?—A. 
No; I don’t suppose I could give the names of a half a dozen colored men in that 
ward, though I know the faces. 1 see them every day, but never knew their names. 
As to their seeing the count—we called them in and they held umbrellas over us, 
shading the candles from the wind. We opened the Presidential box first; then the 
Congressional box. Counted the number of votes, tallied with the sheet, and gave 
the count. The colored men who were around handed back the umbrellas and said 
they were perfectly satisfied that it was a fair and square count. 

Q. Did you happen to know to what political parties the managers of that poll 
belonged?—A. 1 only knew of one man's political party, and he was an extreme city 
and State reformer. Never met the other one until that morning, and never heard 
him express himself in any way. 

Q. Is it not a fact that the reformers are, generally speaking, Democrats?—A. No; 
lots of them voted for the Republican nominee in the county election. 

John Ferguson. 

Sworn to before me this 3d day of March, 1897. 

[l. s.] Edward F. Mayberry, 

Notary Public, South Carolina. 

E. N. JENKINS, being duly sworn, testifies: 

Q. What is your name, age, and residence?—A. E. N. Jenkins; age, 37; live at 11 
Mazyck street. 

Q. Where were you and in what capacity were you acting on the 3d day of Novem¬ 
ber last?—A. At the Federal poll of Ward 4, precinct 1, ou Beaufain street, acting 
as manager of election. 

Q. As such manager did you have any instructions from Mr. J. H. Thayer, chair¬ 
man of board of Federal commissioners of Charleston County, relative to the count- 


MURRAY VS. ELLIOTT. 331 

ing ot the ballots?—A. Yes, sir; I had. lie said at the closing of the polls to allow 
one party from each side to witness the count. 

Q. Were those instructions complied with?—A. They were. 

Q. State what took place at the counting of the ballots?—A. We followed the 
instructions. A party from each side was allowed in, and they witnessed the count 
and expressed themselves as being satisfied. 

Q. State who the representative of the Republican party was, if you know his 
name?—A. His name was Minges. He seemed to be intimate with the colored 
people, so much so that they were perfectly satisfied for him to represent them there. 
He was a white man. He had a table just across the street from the poll, and the 
colored people who had any difficulty in voting went to him. 

Q. How was his position when the counting took place?—A. He was right over 
the boxes, right between the hexes. 

Cross-examined by J. B. Edwards, Esq.: 

Q. Were these instructions from Mr. Thayer in writing?—A. They were not. 

Q* About how many colored men ottered to vote at that poll that day, whose 
votes were rejected?—A. There were several; 1 couldn’t say. 

Q. V ho were the other managers at that poll?—A. Mr. Macbeth was one, and the 
other was a stranger to me. 

Q. Do you happen to know to what political party the managers of that poll 
belonged ?—A. I do not. 

Q. Y r ou are a Democrat, are you not?—A. I am. 

E. N. Jenkins. 

Sworn to before me this 3d day of March, 1897. 

[l. s.] Edward F. Mayberry, 

Notary Public, South Carolina. 

ARTHUR MOORE, being duly sworn, says: 

Q. What is your name, age, and address?—A. Arthur Moore; age 2H; address, 
Three-Mile House. 

Q. Where were you, and in what capacity were you acting, on the 3d day of 
November last ?—A. I was at the polls at the Three-mile House, which were the 
Federal polls for St. Philips and St. Michaels parish, acting as a manager of elec¬ 
tion. 

Q. As such manager, did you have any instructions from Mr. J. H. Thayer, chair¬ 
man of board of Federal commissioners for Charleston County, relative to the count¬ 
ing of the ballots?—A. Yes. He told us to allow a man to represent each party, to 
see the ballots counted, and we let two of the colored men, one a policeman, and the 
other by the name of Cave come iu, and they stood right by the table in the office, 
and saw us count the ballots, and said that they were satisfied with the count. 

Q. Do you remember on that day having seen any person who seemed to be acting 
as a notary public for those who were not allowed to vote and what his position was 
with reference to the Federal poll?—A. I saw no one at all acting in such manner. 
There were none turned off at all, but everyone duly voted. 

Cross-examined by J. B. Edwards, Esq.: 

Q. Who was it that expressed satisfaction with the count?—A. A colored man by 
name of Cave, and a colored policeman whose name I didn’t know. 

Q. Is it not a fact that the policeman was there for the purpose of keeping order 
and had no right to represent either party so far as the election was concerned?—A. 
He was there to keep order, but also kept an account of the ballots, on a piece of 
paper, just as Cave was, and seemed to be representing the colored people. 

Q. Were the instructions that you received from Mr. Thayer in wri ting?—A. They 
were in writing and he read them out to me when he gave me the boxes. 

Q. Did he give you a copy?—A. No; he read them to me. 

Q. Do you know to what political party the managers of that poll belonged?—A. 
I do not. 

Q. You are a Democrat, are you not?—A. I am. 

Arthur Moore. 

Sworn to before me this 3d day of March, 1897. 

[l. s.] Edward F. Mayberry, 

Notary Public, South Carolina. 

R. C. DALLAS, being duly sworn, says: 

Q. Give your name, age, and address.—A. R. C. Dallas; age, 42; 56 Queen street. 

Q. Where were you, and iu what capacity were you acting, on the 3d day of Novem¬ 
ber last?—A. I was at the poll corner of Cumberland and State streets. It was 
Federal poll for Ward 3, precinct 1. I was acting as a manager of election. 


332 


MURRAY VS. ELLIOTT, 


Q. Do you remember a man by the name of John Frasier, a hack driver, coming to 
the poll that day and offering to vote, who was rejected? If so, state the circum¬ 
stances of the rejection.—A. Yes; a man came there by name of John Frasier—who 
said that was his name. Some one had been there previous to that and had voted by 
the name of John Frasier, with same number on his certificate. We told the last 
man by name of Frasier that his ticket had already been voted. The name of John 
Frasier was already on the poll list as having voted. 

Cross-examined by J. B. Edwards, Esq.: 

Q. Who were the other managers at that poll?—A. Mr. Haight and Mr. Landers. 

Q. How long have you lived in Charleston?—A. I was born and raised there. 

Q. How long have you known .John Frasier, the hack driver?—A. I know him now 
when I see him, but have never spoken with him. 

Q. Do you know whether the person who voted under that name and with the same 
number of certificate was white or colored?—A. I couldn’t say; I think it was a 
colored man. There were two or three who came up right afterwards, and I was not 
paying any attention to him. 

Q. Do you know to what political party the managers at that poll belonged?—A. I 
don’t know. I am a Democrat, but can’t say as to the party of the others. 

R. C. Dallas. 

Sworn to before me this 3d day of March, 1897. 

[l. s.] Edw ard F. Mayberry, 

Notary Public, South Carolina. 

At this point the examination adjourned until 10 o’clock Thursday, March 4, 1897. 

[l. s.] Edward F. Mayberry, 

Notary Public, South Carolina. 

Pursuant to adjournment, the examination of witnesses for contestee was resumed 
March 4, 1897, by consent, before Edward F. Mayberry, notary public. 

Present: W. Turner Logan, attorney for contestee, and J. B. Edwards, attorney 
for contestant. 

W. H. CROGHAN, being duly sworn, says: 

Q. Give your name, age, and address.—A. W. H. Croghan; age, 30; King street 
and Boundary. 

Q. Where were you and in what capacity were you acting on the 3d day of Novem¬ 
ber last?—A. At the voting precinct of St. Philips Parish, acting as manager of elec¬ 
tion, such election being the Federal election. 

Q. As such manager, did you receive any instructions from Mr. J. H. Thayer, chair¬ 
man of board of Federal commissioners for Charleston County, relative to the count¬ 
ing of the ballots; and if so, will you state what those instructions were?—A. I did. 
They were that I should open the polls at 7 a. m. aud close at 4 p. in., and that at 
the counting of the ballots representatives from both sides should be allowed to be 
present and witness the count. There were two colored men who witnessed the 
count at my poll, one was in citizen’s clothes and the other a policeman. They saw 
the count and made no objections and said that everything was lair, and I have never 
heard a word against the count. 

Q. A witness, Cave, when examined on behalf of Murray, testified that his table, 
at which he sat during the day, was placed right by the side of the polling place, so 
that he could both see and hear what went on between the managers and the voters; 
if you know anything about this matter will you state what it is.—A. There was 
nobody right by the side of our place; right across the way I saw a party with a 
table, books and papers, who seemed interested in the colored people, right by the 
State poll. 

Q. Do you know what his name was?—A. I think it was Cave; there were two or 
three over there, but none by the Federal poll at all. 

Q. Was Mr. Arthur Moon one of the managers at your poll?—A. Yes, sir. 

Cross-examined by J. B. Edwards, Esq.: 

Q. Were these instructions that you received from Mr. Thayer in writing?—A* 
Verbally and in writing. 

Q. Were copies of those instructions given to the managers?—A. Yes. 

Q. Were there any parties who offered to vote there that day whose votes were 
rejected?—A. No. We had only five applicants to vote and all voted, being the only 
colored men who applied. 

Q. How far were these two colored men standing from the box, who witnessed the 
count?—A. They were both within 6 feet of the box, one in front of it and one 
behind it. 

Q. Is it not a fact that this policeman was there for the purpose of keeping order; 


MURRAY YS. ELLIOTT. 333 

and was not a representative of either party, so far as the election went?—A. He 
was there for the purpose of keeping order. He witnessed the count. 

Q. Do you know to what political party the mauagers at that precinct belonged?— 
A. I know as far as one is concerned, that is myself; the only man I can speak for. 

Q. Are you a Democrat?—A. I am. 

Redirect by W. Turner Logan, Esq.: , 

Q. With reference to the policeman; you allowed the policeman to witness the 
count as a representative of the Republican party and of the colored people, did 
you not? 

(Counsel lor contestant objects to this question on the ground that it is not in 
reply to anything brought out on cross-examination, and upon further ground that 
the witness has already stated that the policeman was there for the purpose of keep¬ 
ing order, and that while he witnessed the count he did not know to what party he 
belonged.) 

A. Yes, sir. 

W. H. Croghan. 

Sworn to before me this 4th day of March, 1897. 

[ L * S-] Edward F. Mayberry, 

Notary Public , South Carolina. 

J. E. CORBETT, being duly sworn, says: 

Q. Give vour name, age, and address.—A. J. E. Corbett; age, 46; 22 Vernon street. 

Q. Where were you and in what capacity were you acting on the 3d day of 
November last?—A. At the Federal poll of tlie first precinct of Ward 5; acting as 
chairman of the board of managers for that election. 

Q. As such manager, did you receive any instructions from Mr. J. H. Thayer, 
chairman of the board of Federal commissioners for Charleston County, relative to 
the counting of the ballots?—A. I did; I had written and verbal instructions. 
These instructions were to allow a representative from each party to witness the 
count. 

Q. Did you comply with those instructions?—A. I did. 

Q. State if any colored men witnessed the count, and where they were.—A. One 
young colored man asked the privilege of witnessing the count and I told him cer¬ 
tainly to do so. He stood looking right over my shoulder as I took the ballots from 
the box. When the count was finished he expressed himself as being satisfied with 
the count. I gave him a chair so that he could see the count. 

Q. Do you know a man by the name of M. Caulfield?—A. Yes. 

Q. Did he apply to you to be allowed to witness the count on election day?—A. 
No, sir. 

Q. If he had applied to any of the managers would you have known of it?—A. 
Yes, sir. 

Q. Did he apply to any of them?—A. Not that I know; every other manager at 
the poll always asked me and I would have known if he had. 

Q. Will you state whether any persons were rejected at your poll who had regis¬ 
tration certificates and poll tax receipts?—A. No, sir. 

Q. If any persons were rejected, what was the reason of their rejection?—A. Some 
had registration certificates and not poll-tax receipts; they were the only ones 
rejected, except very few had poll-tax receipts without registration certificates. 

Q. Do you think there are many Republican white voters in your ward and pre¬ 
cinct?—A. About fifteen I think, that I know of. 

Cross-examined by J. B. Edwards, Esq. : 

Q. You say that the instructions that you received from Mr. Thayer were written 
as well as verbal. Did he furnish you with a copy?—A. Yes, sir. 

Q. Can you give me the name of the colored man who witnessed the count at your 
precinct?—A. I can not. 

Q. How do you know that Mr. Caulfield did not ask any other manager to allow 
him to witness the count?—A. Because I was there all the time and know Mr. Caul¬ 
field personally. And, further, if he had asked, I would have given him the same 
privilege I gave the other one. 

Q. Was it not possible for him to have asked one of the other managers without 
your knowing of it?—A. I don’t see how he could, because I was there all the time 
and on every question the other managers came to me. 

Q. You say that you think that there are about fifteen or eighteen white Repub¬ 
licans in one precinct that you know of. Upon what do you base your figures?—A. 
Upon hearing them express themselves. 

Q. Then you would not undertake to say that there is not a much larger number 
than that?—A. No, sir. 

Q. Do you know to what political party the managers at that precinct belonged?— 
A. I can only answer for myself. 


334 


MURRAY VS. ELLIOTT. 


Q. Are you a Democrat?—A. I decline to answer. 

Q. About how many persons can you say were rejected who had registration cer¬ 
tificates without poll-tax receipts?—A. I can not say. 

Q. Were there many?—A. Yes; considerable. 

Redirect by W. Turner Logan, Esq.: 

Q. You stated that there might be more than fifteen white Republican voters in 
your precinct; there might be less than that number, too, might there not?—A. I 
just formed my estimate from conversation with such voters in that precinct. 

J. E. Corbett. 

Sworn to before me this 4th March, 1897. 

[l. s.] Edward F. Mayberry, 

Notary Public, South Carolina. 

J. B. COLLINS, being duly sworn, says: 

Q. Give your name, age, and address.—A. J. B. Collins; age, 29; address, 21 King 
street. 

Q. Where were you and in what capacity were you acting on the 3d day of Novem¬ 
ber last?—A. At the corner of Beaufain, near Archdale, at the Federal poll for the 
Fourth Ward, first precinct; acting as manager of election. 

Q. As such manager, did you or not have instructions from Mr. J. H. Thayer, 
chairman of the board of Federal commissioners for Charleston County, relative to 
the count of the ballots?—A. Yes, sir; I had instructions to allow one representative 
from each party to see the vote counted. 

(Counsel for contestant objects to so much of the above question and the answer 
as relates to the substance of the instructions, upon the ground that it is in evidence 
that these instructions were in writing and copies of them delivered to the managers. 
The written instructions should be produced as the best evidence of their contents.) 

Q. Were those instructions carried out?—A. Yes. At the time the polls closed, 
Mr. Minges, a colored man, came in and saw the ballots counted and was perfectly 
satisfied with the count. He was standing about a foot and a half from the table, 
and was asked if he would like to recount the votes. He said “ No.” 

Q. Who were the other managers at that poll?—A. Mr. Macbeth, Mr. Jenkins, Mr. 
John Pape, and myself. Mr. Pape was the clerk for the managers. 

Cross-examined by J. B. Edwards, Esq.: 

Q. Were there any parties who offered to vote at that poll on the day of election 
whose votes were rejected?—A. The voters that we rejected were only those who 
had no registration certificates. 

Q. Are vou sure that the man who witnessed the count was a colored man?— A. 
Yes. 

Q. What was his name?—A. Minges. 

Q. To what political party did the managers at that precinct belong?—A. I don’t 
know. 

Q. Are you a Democrat?—A. Yes. 

Q. Who was chairman of the board of managers at your preciuct?—A. I was. 

Q. Did Mr. Thayer deliver to you a copy of those instructions relative to the 
count?—A. He delivered to us all the instructions. 

Redirect by W. Turner Logan, Esq.: 

Q. Were a portion of the instructions you received from Mr. Thayer verbal instruc¬ 
tions?—A. Yhs, sir. 

(Counsel for contestant objects to the above question and answer on the ground 
that it is not in reply to anything brought out in the cross-examination.) 

J. B. Collins. 

Sworn to before me this 4th day of March, 1897. 

[l. s.] Edward F. Mayberry, 

Notary Public, South Carolina. 

M. A. LANDERS, being duly sworn, says: 

Q. What is your name, age, and address?—A. M. A. Landers; 24 years old; 149 
E. Bay; at time of election, on November 3 last, I lived at 2 State street. 

Q. Where were you stationed on November 3 last—election day?—A. I was sta¬ 
tioned at Ward 3, precinct 1, acting as a manager of the Federal poll. 

Q. As such manager, do you remember the following occurrence: A man by name 
of John Frasier coming there some time during the day and offering to vote who 
was rejected; and, if you do remember the occurrence, state the reasons for his 
rejection and all you know of the matter.—A. During the afternoon of that day a 
man came and offered himself to vote as John Frasier. Upon examination of his 
registration certificate I found that the ticket had already been voted, name, num¬ 
ber, and place of residence being upon the ticket, and we very politely informed Mr. 
Frasier that he could not vote upon that registration certificate. 


MURRAY VS. ELLIOTT. 


335 


Q; How did you know that that ticket had already keen voted that day?—A. It 
is a very simple matter. Every ticket is numbered, and it is numbered in the roll 
book also, and when you compare the two numbers and find them the same it is rea¬ 
sonable that there can not be two of the same number. The name and place of 
residence are also on the roll book, ot which a copy is furnished the managers. We 
kept a poll list there also. 

Q. y* hen John Frasier came to vote in the afternoon, upon examination of the 
poll list, did you find his name there? 

(Counsel for contestant objects upon the ground that the poll list is the best evi¬ 
dence as to whether Frasier’s name appeared on it.) 

A. I found a name John Frasier there on the poll list. I can’t say that it was his 
name or not. 

Q. Was the ticket that the man who called himself John Frasier, in the afternoon, 
presented identical with the ticket which was presented in the morning as to num¬ 
ber, name, and other particulars?—A. I was guided by the roll book, and ou consult¬ 
ing it I found that the same ticket had already been voted. 

Cross-examined by J. B. Edwards, Esq.: 

Q. How long had you lived in State street?—A. I think it was about three years. 

Q. How far is that from John Frasier’s stable, in Chalmers street?—A. I can’t tell. 

Q. Can you approximate the distance?—A. I can’t do it. 

Q. Did you know the John Frasier who offered to vote in the afternoon?—A. I 
don’t know him; have heard people call him by that name. 

Q. Do you remember whether the party who voted in the morning on that number 
of certificate was white or colored?—A. No; I do not. I have no way of remem¬ 
bering. 

Q. You have stated that the registration certificate offered by the man in the after¬ 
noon, who called himself John Frasier, was identical with the certificate voted in the 
morning. How do you arrive at such a conclusion?—A. Well, I have not stated that 
the ticket was the identical piece of paper, but that the number, name, and place of 
residence was the same. 

Q. Who were the other managers of that precinct?—A. Mr. Robert Dallas and Mr. 
A. B. Haight. 

Q. Do you know to what political party the managers at that precinct belonged?— 
A. No, sir. 

Q. Are you a Democrat?—A. I am. 

M. A. Landers. 

Sworn to before me this 4th March, 1897. 

[l. s.] Edward F. Mayberry, 

Notary Public, South Carolina. 

D. C. THARIN, being duly sworn, says: 

Q. Give your name, age, and address.—A. D. C. Tharin; age, 63; No. 467 Meeting 
street 

Q. Where were you on the 3d of November, last election day?—A. Ward 8, first 
precinct, acting as manager at the Federal poll there. 

Q. As such manager did you receive certain instructions from Mr. Thayer relative to 
the counting of the ballots?—A. Yes; Mr. Thayer instructed us that we should admit 
a representative from each side to see the vote counted and that it was fair and 
square. I think I had a note from him, in addition to verbal instructions to that 
effect. 

(Counsel for contestant objects on the ground that it is in testimony that these 
instructions were in writing and copies of them were given the managers. The 
written instructions are the best evidence of their contents and ought to be intro¬ 
duced.) 

Q. Did you comply with the instructions that you received?—A. Yes. 

Q. Did you allow any colored men to witness the count?— A. Y r es; we allowed 
several—five or six or more. They came in pretty thick, and the policeman told them 
to stand back and make room, and I remember telling them that it made no differ¬ 
ence; to come in and see the count. They stood close to the boxes, sufficiently near 
to see the counting done, and expressed themselves as satisfied, no complaints being- 
made. 

Cross-examined by J. B. Edwards, Esq.: 

Q. How near were these colored men to the boxes during the count?—A. They 
were right at them, close as they could get; near enough to look over our shoulders 
if they wanted to. 

Q. When the policeman told them to stand back did any of them go out?—A. I 
think they did, as they were crowding the room and he wanted us to have space. 
No force was used, and they could have remained if they had wished, all of them, as 
I told them. 

Q. Can you give me the name of any one of these colored men?—A. I can not. 


336 


MURRAY YS. ELLIOTT. 


Q. Who were the other managers at that poll?—A. Mr. Honour and Mr. Roach. 

Q. To what party did the managers at that precinct belong?—A. Democratic; at 
least I suppose so; I am uncertain about Mr. Roach. 

Q. Where did Mr. Thayer deliver these instructions to the managers?—A. At the 
polls. 

Q. That was during the progress of the election?—A. A very short time after the 
polls were opened he gave us the instructions. 

D. C. Tharin. 

Sworn to before me this 4th day of March, 1897. 

[l. s.] Edward F. Mayberry, 

Notary Public , South Carolina, 

At this point the examination adjourned until 10 a. m., March 5. 

[l. s.] Edward F. Mayberry, 

Notary Public , South Carolina. 

Pursuant to adjournment, the examination was resumed at 10 a. m., March 5,1897, 
before Edward F. Mayberry, a notary public. Present: W. Turner Logan, attorney 
for contestee, and J. B. Edwards, attorney for contestant. 

T. W. HONOUR, being duly sworn, says: 

Q. Give your name, age, and address.—A. T. W. Honour; age, 33; live 37 Van- 
derhorst street. 

Q. Where were you, and in what capacity were you acting, on the 3d day of Novem¬ 
ber last?—A. I was at the Federal poll of Ward 8, precinct 1, acting as manager of 
election. 

Q. As such manager did you receive certain instructions from Mr. J. H. Thayer, 
chairman of the board of Federal commissioners for Charleston County, relative to 
the counting of the ballots?—A. Yes, sir; they were that we should allow one rep¬ 
resentative of each party to see the count; these instructions we complied with; it 
was open to the public if they wanted to see it; we made no objection to anybody. 

Q. Did any colored men witness the count?—A. Yes; there were two or three of 
them out there. 1 don’t remember exactly how many there were. 

Q. Were these colored meu close enough to see the count clearly?—A. I don’t see 
why they should not. If I had been as close as they were I could have seen it plain 
enough. 

Cross-examined by J. B. Edwards, Esq.: 

Q. How near were these colored men to the box?—A. I should say about two feet. 

Q. Were they in front or behind the box?—A. Behind the box; right at the 
entrance. 

Q. Were they in the building where the votes were being counted?—A. I couldn’t 
say exactly as to that, because I do not remember, it has been so long. They could 
have come there without any hindrance. The counting was done right at the door 
and it was not necessary to come inside the sill of the door to see it. 

Q. Can yon name any of these colored men who saw the count?—A. I think a fel¬ 
low by name of Johnson was there. 

Q. Was there a policeman at that box?—A. Yes; there all day. 

Q. At the close of the poll and when you were about to count the ballots, and the 
colored men came up to see the count, did you hear the policeman tell them to stand 
back?—A. No. 

Q. Were you at the same poll with Mr. D. C. Tharin?—A. Yes. 

Q. You were present when the poll closed?—A. I was. 

Q. To what political party did the managers of that precinct belong, if you know?— 
A. That is none of my business. 

Q. You are a Democrat, are you?—A. I refuse to answer. 

Q. These instructions that you received from Mr. Thayer, do you remember when 
they were given?—A. They were given early in the morning; very shortly after the 
polls were opened. 

T. W. Honour. 

Sworn to before me this 5th day of March, 1897. 

[ L * s.] Edward F. Mayberry, 

Notary Public , South Carolina. 

No other witnesses being on hand for to-day, the examination was, at this point, 
adjourned until 10 a. in., March 6, 1897. 

[ L - s ‘] Edward F. Mayberry, 

Notary Public , South Carolina. 


MURRAY VS. ELLIOTT. 


337 


Pursuant to adjournment, the examination of witnesses for the contestee was 
resumed at 10 a. m., March 6, 1897, before Edward F. Mayberry, notary public. 

Present: W. Turner Logan, attorney for contestee, and J. B. Edwards, attorney 
for contestant. 

No witnesses appearing, the examination was adjourned until 10 a. m., March 8, 
189 1. 

C L * s -] Edward F. Mayberry, 

Notary Public, South Carolina. 

Pursuant to adjournment, the examination of witnesses was resumed on Monday, 
March 8, 1897, before Edward F. Mayberry, notary public. 

Present: W . Turner Logan, attorney for contestee, and J. B. Edwards, attorney 
for contestant. 

EDWARD A. MEYER, being duly sworn, says: 

Q. Give your name, age, and address.—A. Edward A. Mever; age, 27: 44 Gadsden 
street. 

Q. \\ here were you on the 3d day of November last, and in what capacity were 
you acting?—A. I was at the Federal poll of the second precinct, Ward 6, on Bull 
street, acting as a manager of election. 

Q. As such manager, did you receive certain instructions from Mr. .J. H. Thayer, 
chairman of the board of Federal commissioners for Charleston County, relative to 
the counting of the ballots; and were those instructions complied with?—A. Yes, 
sir ; they were to allow one representative of each party to be present when the 
count was going on; we carried out those instructions. 

Q. Were any colored men present during the count of the ballot?—A. Yes, sir; a 
great many. Some were so near to the table that they had their elbows resting on 
the table right by the box. I don’t know their names. When we finished, one of 
them said that was all right. 

Q. Were any objections made to any colored persons witnessing the count?—A. 
Not at all. 

Q. Were there any colored men who applied to you and whom you refused to 
allow to see the count?—A. No, sir. 

Q. Everything was perfectly free and open for everyone to see?—A. Yes, sir; 
every door was wide open. 

Cross-examined by J. B. Edwards, Esq.: 

Q. Were these instructions which you received from Mr. Thayer in writing?— 
A. Yes. 

Q. When were these instructions delivered to the managers?—A. Some time in the 
morning; don’t remember the hour. 

Q. About how many colored men would you say witnessed the count?—A. I sup¬ 
pose about fifteen. They were all inside the barricade. I know an ex-policeman 
who was there, a colored man by name of Holmes. 

Q. How near was he to the box?—A. I couldn’t say exactly, but he was near 
enough to see and hear everything. 

Q. Who was the party who said that it was all right?—A. I don’t know. When 
we finished, I heard one say that it was all right. 

Q. Who were the other managers at the poll?—A. Wigfall and Van Santen. 

Q. Did you hear any colored man in that crowd ask to be allowed to see the 
count?—A. No; they had no need to ask, as no objection was made to any of them 
seeing it. 

Q. Where was the box at the time of the count?—A. Right at the door on the 
table, the same place it was when we were taking votes. 

Q. Were any of these colored men inside the building when the ballots were 
counted?—A. They were not inside, but as the table was at the entrance they were 
right around it there; none of them asked to come in. 

Q. To what political party did the managers at that poll belong?—A. I don’t knoAV. 

Q. Are you a Democrat?—A. Yes. 

Redirect by W. Turner Logan. Esq. : 

Q. Were portions of the instructions you received from Mr. Thayer verbal?—A. 
Yes; he came after he had sent the paper in a carriage. 

(Counsel for contestant objects because the above question is not in reply to any¬ 
thing brought out on the cross-examination.) 

Edward A. Meyer. 

Sworn to and subscribed before me this 8th day of March, 1897. 

[l. s.] Edward F. Mayberry, 

Notary Public, South Carolina. 

17745 - 22 



338 


MURRAY VS. ELLIOTT. 


J. H. THAYER, being- duly sworn, says: 

Q. Give your age, name, and address.—A. J. H. I Layer; 42; 25 Meeting street. 

Q. AY here were you, and what capacity were you acting, on the 3d day of Novem¬ 
ber last?—A. I was chairman of the Federal board of commissioners for Charleston 
County. 

Q. Did you receive a subpmna to appear at an examination to be held at the office 
of Edwards A Sasportas, No. 110 Church street?—A. I received a subpuma signed 
by Brown, notary public, to appear at No. 110 Church street. 

Q. At what time did you receive that subpuma, and how was it served?—A. The 
subpoena was left at my residence some time on the 22d day of February, 1897; I was 
away from home the entire day until late at night, owing to it being a legal holiday, 
my place of business being closed. 

Q. Do you remember at what time the examination was stated to take place and 
when you saw the subpoma?—A. After leaving home on the morning of the 23d, and 
while at my duties in the Bank of Charleston, one of my servants came in and handed 
me a paper, which upon examination 1 found to be a subpuma summoning me to 
appear at 110 Church street, at 10 o’clock a. m. that day. The exact time of receiving 
the subpoena—for I looked at the clock when it was handed to me—was eight minutes 
of 11; it being too late for the hour appointed, and having opened up my work at the 
bank, I did not think that I was called upon to respond any further. 

Q. What is your business, Mr. Thayer?—A. I am first teller of the Bank of 
Charleston. 

Q. Have you occupied that position for any length of time?—A. I have been in 
the bank sixteen years, and have been teller eight or nine years. 

Q. Mr. Thayer, "as chairman of the board of Federal commissioners for Charleston 
County, did you issue any instructions to the managers relative to the counting of 
the ballots?—A. I did. 

Q. Will you state what they were? 

(Counsel for contestant objects upon the ground that it is in evidence that these 
instructions are iu writing, and that writing is the best evidence of their contents 
add should be produced.) 

A. On the night prior to the election, when the managers assembled in the commis¬ 
sioners’rooms for boxes and instructions, they were given the regular printed instruc¬ 
tions, and I especially instructed them, verbally, that when the polls were closed in 
the evening, and the counting of the ballots commenced, that if any one representa¬ 
tive of either Colonel Elliott, Mr. Murray, or Mr. Cohen should ask to be allowed 
behind the railing to see the counting of said ballots, and be near enough to read 
the names on same, that they be allowed that privilege, providing they did not 
obstruct the view of the general public or interfere and prevent the prompt count¬ 
ing of the votes cast. I will state, moreover, that on the following morning, the day 
of the election, I visited each precinct in the city of Charleston, as near as possible 
to the opening of the polls, and we reiterated the same instructions. I further 
instructed the managers that in event of anyone presenting themselves to vote and 
any slight irregularity iu their registration certificate be discovered, and they refuse 
to allow the said party to vote, they should instruct them to go to Mr. Mott at the 
court-house, where, in event of his issuing his certificate that the party was all right 
and the error in certificate was purely clerical, they should allow the party to cast 
their ballot. On that morning trip I was accompanied by Capt. B. P. Cunningham, 
clerk of the board of Federal commissioners. 

Q. Did you ever receive any application for the appointment of Republicans, from 
any Republican, on the different boards of managers for the Federal elections?—A. 
Not to my knowledge; I will state that I was never asked to appoint by a Republi¬ 
can, nor was I ever approached by anyone on behalf of the Republican party or 
representing that party, asking me to appoint a Republican on the board of man¬ 
agers. 

Q. Did you ever have any conversation with Mr. Cecil Cohen, the regular Repub¬ 
lican nominee, as to the appointment of Republicans on the board of managers?—A. 
I did, on one occasion. 

Q. Will you state what that was? 

(Counsel for contestant objects on the ground that the above question is irrelevant, 
not in response to any of the issues raised in this contest, either by the notice of 
contestant or the answer of coutestee.) 

A. Mr. Cohen called upon me at my place of business and remarked that he was 
pleased to see that the board of Federal commissioners had organized; I answered, 
yes, we had started at work. He then made some pleasant remark as to the forma¬ 
tion of the board, and said that I would receive a communication from him and also 
a list of names, and he hoped they would be given a show; I answered him saying: 
“Mr. Cohen, I will be pleased to receive your communication and any list of names 
you may suggest, and would advise you to make same out immediately and leave 
them with the clerk of the board at the Hibernian Hall, as our commission will meet 


MURRAY VS. ELLIOTT. 339 

this evening for the purpose of selecting managers for the coining election.” He 
answered that he would attend to it, and bid me good day. 

Q. Did the board ever receive this communication?—A. None whatever, nor any 
list of names; nor did I ever see him again until after the election. 

Q. Did you ever receive any request for the appointments of any Republicans on 
the boards of managers from any representative of G. W. Murray?—A. I never did. 

Q. If any such request had been made for the appointment of Republicans, would 
it have been granted?—A. I am confident that if capable men had been recommended 
for such appointments I would have appointed them, and the other members of the 
board would have done the same. 

Q. Were you ever approached by any prominent Democrat on the subject of Repub¬ 
lican representation on the boards of managers ?—A. I was. 

Q. Will you state who that Democrat was?—A. It was Col. William Elliott 

Q. Will you state whether Colonel Elliott asked whether any representation would 
be given, and whether he seemed anxious that it should be? 

(Counsel for contestant objects to this question upon the ground, first, that the 
answer must necessarily be an expression of opinion as well as hearsay; and, second, 
that Colonel Elliott is a party to these proceedings and his statements and declara¬ 
tions can not be testified to by witnesses introduced in his behalf.) 

A. Colonel Elliott called on me at my place of business one morning and asked if 
the commissioners had as yet appointed any managers. 1 told him that we had not 
up to then, but we intended meeting that evening for that purpose. He then said 
to me, “Will you and your board not nominate Republicans on the several boards 
of managers?’ 7 I then told Colonel Elliott that I was perfectly willing to give the 
Republicans representation on the boards of management if the names of reliable 
men were sent in. I also informed him that Mr. Cohen had only a- few moments 
before left my office, stating that he would communicate with me and inclose a list 
of names. 

Q. It has been stated that the board of commissioners metat 8.30 in the morning for 
the purpose of cauvassing the vote. Will you state what were the reasons which 
governed the board in the choice of this hour for meeting?—A. The law, as we 
understood it, stated distinctly that we should meet before 1 o’clock on the Tuesday 
following the general election, and canvass the returns. Mr. Harvey, one of the 
board, was then occupying a temporary position, Mr. Grice being in the employ of a 
railroad, and myself occupying the position of teller in a national bank, we were 
desirous of not letting the canvassing of these returns interfere with our business. 
We, after discussion, concluded to meet between the hours of 8 and half past 8, and 
from then on to transact the affairs of the board and get to our usual avocation as 
promptly as possible. That is the reason the board concluded to meet at that hour. 

Q. Did you have any notice that any protest would be made before the meeting 
of that board?—A. No, sir; none whatever. 

Q. Will you state whether that board ever met again on the day the votes were 
canvassed?"—A. I reconvened the board between the hours of half past 12 and 1, as 
near as I can remember. 

Q. Will you state what was the reason of this?—A. Yes, sir. Shortly after the 
adjournment of the board, while at my office, I was called on by General Purvis, who 
asked me when our board intended meeting, or at what hour, for the purpose of can¬ 
vassing the returns. 1 told him that the board had already met and canvassed the 
returns. He remarked that he had not thought the board would have met before 
midday and that it had been his intention to enter a protest on behalf of Mr. 
Murray. 

Q. Did you ever receive any communication from Colonel Elliott relative to the 
canvassing of the returns?—A. I did. 

Q. What was the nature of it?—A. It was a letter. 

Q. Have you kejffthat letter?—A. I have. 

Q. Will you produce it? 

(Witness hands counsel for contestce envelope and letter signed William Elliott, 
dated November 9, 1896, mailed on same day, as shown by the postmark, addressed 
to J. H. Thayer, esq.. Bank of Charleston, Charleston, 8. C., marked, respectively, 
Exhibits A and B.) 

Q. The postmark on this envelope [counsel for contestee reads from envelope just 
put in evidence] shows that it was received in Charleston at 1 p. m. on November 9. 
Will you state when you received it and your reason for its receipt when you did get 
it?—A. I opened that letter about half-past 10 on the morning of the 10th of Novem¬ 
ber, having found it then on the desk at my place of business. 

Q. Will you state why it was that you received it then?—A. In the bank we 
usually take our mail from the post-office in the morning and again .just before 1 
o’clock in the day. This letter, therefore, was received at the bank the morning after 
it arrived in Charleston, and my being late in arriving at the bank, by reason of the 
meeting of the commissioners to canvass the returns of the election, was overlooked 
until that time. 


340 


MURRAY VS. ELLIOTT. 


Q. I understand you to say that this letter was not brought to the bank until 
some time in the morning of the 10th, the day after it reached Charleston?—A. Yes; 
usually on Tuesdays the mail is not always taken out at midday; I did not go down 
to the bank in the afternoons, and did not receive this letter until half past 10 or a 
quarter to 11 on the morning of November 10. 

Q. Will you state what you did upon opening this letter?—A. Shortly after the 
receipt of the letter, Lawyer Edwards called upon me and asked some question as to 
the time of meeting of the board. I gave him the same information as to the action 
of the board as I had given General Purvis, and further stated to him that I had 
just then received a letter from Colonel Elliott, expressing his desire to be present 
when the returns were canvassed, and as both sides had requested, I was inclined 
to call the board together again and give them all the information they desired. I 
requested Mr. Edwards to mention that fact to General Purvis, and then proceeded 
to the rooms of the commissioners, instructed the clerk of the board to at once pro¬ 
ceed to the post-office, get the copy of the returns addressed to the secretary of 
state, and also obtain the copy of returns filed Avitli clerk of court of Charleston 
County. The other papers, and all documents concerning the election. Avere in the 
possession of the clerk, sealed, ready for him to carry to Columbia. Colonel Elliott 
had then armed in town; I notified him that the board would be in session, and 
also sent a messenger to General Purvis that I had called the board together, and 
that we would be pleased to haA-e himself and others associated with him to be 
present. 

Q. State whether any representatives of Murray were present.—A. Yes; Lawyer 
Edwards, General Purvis, and two others. 

Q. What was done with the sealed packages?—A. The packages to be carried to 
Columbia were on the table in the commissioners’ room, also the package mailed to 
the secretary of state, which had been taken out of the post-office, besides copy of 
returns, which had been filed with the clerk of court. 

Q. Were these open?—A. Yes; all except the sealed packages, Avhich Avere to be 
sent by special messenger. 

Q. Did you recanvass the vote?—A. Did not; but offered to open up all the papers 
if they wished, but they objected to this, and offered to recanvass the entire returns, 
and called their attention to fact that all the ballots Avere still there. 

Q. Was any protest made at that time?—A. None at all, except their objection to 
our recan\ r assing the vote then. 

Q. As no protest was made, did you adjourn?—A. Yes; the papers were returned 
to clerk of court, package was sent by Captain Cunningham to the governor that 
afternoon, and also package was mailed to secretary of state. 

Q. Do you knoAv of any Republican organization in the county?—A. I know of no 
thoroughly organized Republican party here. They seemed to have been split on 
the last election. 

Q. As far as you know, will you state who you understood to be the regular Repub¬ 
lican nominee at the last election ? 

(Counsel for contestant objects to this question on the ground that it is irrelevant.) 

A. I always considered Cohen as being the regular Republican nominee for Con¬ 
gress. 

Q. What were your reasons for this belief?—A. Mr. Cohen received the regular 
nomination from the regular Republican convention, held for the purpose of nomi¬ 
nating a Congressman, and his faction was recognized at St. Louis. 

Cross-examined by J. B. Edavards, Esq.: 

Q. Was there any Republican appointed as a manager at any one of the Federal 
polls in this county at the last election, November 3, 1896?—A. Yes. 

Q. Will you please grve me the name of that, person and the poll at which he was 
appointed?—A. Ex-Chief of Police Hendricks, at the poll on Mount Pleasant. 

Q. Do you remember at whose request Mr. Hendricks was appointed ?—A. As well 
as I remember his name Avas on a slip of paper amongst others left with the clerk of 
the board at the rooms of the commissioners. 

Q. Was there any other?—A. I can’t recall any particularly. I think a great many 
of the managers voted the Republican ticket, from what I haA^e heard and their 
actions. 

Q. Who receives the papers or mail left at your house in your absence?—A. If 
the carrier brings it he leaves it in the door or on the Avindow sill. It is very seldom 
that I receive a letter or paper at my residence, getting most all my mail in the Bank 
of Charleston box. 

Q. How many tellers are there in the Bank of Charleston?—A. Two. 

Q. In cases of emergency Avould you not be able to be absent from the bank about 
three hours?—A. Yes; in a case of emergency. I proved it on that very dav when I 
reconvened the board, that being a case of emergency. 

Q. On the morning of November 10, 1896, when the board met at 8.30 o’clock, do 
you now remember how long they were in session?—A. As well as I remember avo 


MURRAY VS. ELLIOTT. 341 

went into session about a quarter past 8 and remained in session about an hour 
and twenty minutes. 

Q. Prior to the morning ot the 10th, had there been any notice given as to the 
hour when the board would convene?—A. We gave no public notice; the general 
statutes of the State provide tor that, and we were governed by them entirely. 

Q. The statute says that the board shall meet before 1 o’clock p. m. on the Tues¬ 
day after election, but is silent as to the hour at which they shall meet, except that 
it shall be before 1. Was not 8.30 or 8.15 an unusually early hour for such meet¬ 
ing ? A. Probably it would be so held, but we were in the law in holding it prior to 
1 p. m. 1 uesday; also, I have stated the reason of the board for choosing that hour. 
Our several lines of business necessitated our reporting promptly for duty and that 
alone caused the board to choose that hour for meeting. 

Q. C an you give the distance from your place of business to 110 Church street?— 
A. About two or three minutes walk, I suppose. 

Q. Is it a fact that the porter at your bank never goes to the post-office between 
1 p. m and the closiug of the bank ?—A. Never to my knowledge has he gone then, 
it being his dinner hour. 

Q. Have you any way ol knowing whether the managers of election carried out 
the instructions which your board gave?—A. I will say that I visited each poll in 
the city limits three times that day and I found that the managers were obeying the 
instructions to the letter, as far as I could find out. Resides, I will state that the 
other two members of the commission also went around to the precincts and reported 
things working smoothly and the managers attending strictly to their business. 

Q. How many persons composed the board of commissioners of Federal elections 
for Charleston County at its organization?—A. At the organization of the board 
there were but two commissioners present. 

Q. Will you name them?—A. Mr. W. G. Harvey and myself. 

Q. At the time the managers were appointed how many were present?—A. Two 
commissioners and the clerk. 

Q. \our board had completed its work as a board of county canvassers for Federal 
election, and adjourned, before General Purvis called on you, had it?—A. It had. 

Q. The copy of return required to be sent by mail to the secretary of state had 
already been deposited in the post-office?—A. Yes; that morning, after our adjourn¬ 
ment. 

Q. The copy required to be tiled with the clerk of court of common pleas for 
Charleston County had already been tiled, had it?—A. Yes; that morning, after 
adjournment. 

Q. The copies required to be sent by a special messenger direct to the secretary of 
state and governor of the State had already been sealed and delivered to the custodv, 
had they?—A. They had. 

Q. Upon what information do you base your statement that there is no Republican 
organization in Charleston County?—A. Upon general information that it has been 
disorganized for several years. 

Q. Is it not a fact, pretty generally known, that a greater number of white men 
have interested themselves in the Republican politics of this county during the last 
year, in the way of forming clubs and making an organization, than has been done 
since 1876?—A. I have heard of attempts being made to organize a few independent 
Republican clubs by some white men throughout this county in the past year, but 
to the best of my knowledge I doffit know that they have developed any special 
strength. 

Q. Upon what information do you base the statement that Mr. Cohen was the reg¬ 
ular nominee of the Republican party for Congress from this district?—A. Most of 
my information has been gotten from reading the proceedings of the regular Repub¬ 
lican convention held for the purpose of nominating Congressman. 

Q. Do you remember reading in the Charleston News and Courier, some time in 
the latter part of 1896, some communications sent to that paper by its Washington 
correspondent containing copies of communications purporting to be signed by M. 
S. Quay, acting chairman of the National Republican executive committee, and also 
signed by the chairman of the Republican National Congressional committee, stat¬ 
ing that G. W. Murray was recognized by those two committees as the regular 
Republican candidate for Congress from the tirst district of South Carolina?—A. I 
recall having read a letter signed by Quay, but thought it simply a piece of politics. 

Q. You stated in your direct examination that one of the reasons for your thinking 
Mr. Cohen the regular nominee was that his faction had been recognized at St. Louis. 
Do you know to which faction of the Republican party in this State Mr. Cohen 
belonged at the time of the meeting of the Republican national convention?—A. It 
is my impression, from all I could gather, that he was the regular nominee and was 
recognized and backed by the convention at St. Louis. 

Q. Do you remember what vote Mr. Cohen received in this county ?—A. Something 
like 300 votes; a little below, perhaps. I did not pay any particular attention to it. 


342 


MURRAY YS. ELLIOTT. 


Redirect by W. Turner Logan, Esq.: 

Q. How many persons compose the board of Federal commissioners for Charleston 
County?—A. Three. 

(Counsel for contestant objects, upon the ground that it is not in reply to anything 
brought out in the cross-examination.) 

Q. Two are, then, a majority?—A. We so decided: and two were always present. 

I. H. Thayer. 


Sworn to and subscribed before me this 8th day of March, 1897. 

[l. s.] Edward F. Mayberry, 

Notary Public, South Carolina. 

Exhibit A is an envelope addressed: I. H. Thayer, esq., Bank of Charleston, 
Charleston, S. C. 

Exhibit B. 

Beaufort, S. C., 9 Nor,., 1896. 

I. H. Thayer, Esq. 

Dear Sir: Your letter received. Thanks. I will be down to-morrow by the 11.30 
train to attend your meeting as canvassers, concluding that you will meet at 12. 
Should I be not in time, can you not take up the Presidential matter first? 

Yours, truly, 

Wm. Elliott. 

R. B. GRICE, being duly sworn, says: 

Q. Give your name, age, and address.—A. R. B. Grice; 35; 138 St. Philip street. 

Q. Were you served with a subpcena to attend a reference to be held at the office 
of Edwards & Sasportas, No. 110 Church street?—A. Yes. 

Q. Will you state your reasons for not attending the reference?—A. That subpoena 
was served on me on Washington’s birthday, February 22, and I have always under¬ 
stood that any subpoena served on a legal holiday was not good. I was very busy, 
being fertilizer season, aud it was hard to get off. I only got here to-night by leav¬ 
ing my work unfinished. 

Cross-examined by J. B. Edwards, Esq.: 

Q. Were you a member of the board of Federal commissioners of election for 
Charleston County ?—A. Yes. 

Q. Do you remember when you were appointed?—A. Not exactly; during the week 
before the election, I think; I was appointed to fill a vacancy. 

Q. You were not a member of the board at the time of its organization, were you?— 
A. I was not. 

Q. Were you a member of the board at the time of appointing the managers?— 
A. No. 

Q. How was that subpcena served on you?—A. Smalls brought it to the road 
where my office was and wanted to know if I was Mr. Grice; I said no, Mr. Grice 
was out of town. I thought Smalls knew me sufficiently to know I was Mr. Grice. 

Q. Did Smalls leave the subpcena with you?—A. No; at my residence. 

R. B. Grice. 

Sworn to and subscribed before me this 8th of March, 1897. 

[l. s.J Edward F. Mayberry, 

Notary Public, South Carolina. 

At this point the examination was adjourned until 10 a. m. March 9, 1897. 

[l. s.] Edward F. Mayberry, 

Notary Public, South Carolina. 

Pursuant to adjournment, the examination of witnesses was resumed at 10 a. m. 
March 9, before Edward F. Mayberry, notary public. 

Present: W. Turner Logan, attorney for contestee, and J. B. Edwards, attorney 
for contestant. 

T. SC ALLY, being duly sworn, says: 

Q. Give your name, age, and address.—A. T. Scally; age 24; 33 State street. 

Q. Where were you, and in what capacity were you acting, on the 3d day of No¬ 
vember last?—A. Was at ward 3, precinct 1, acting as clerk at the Federal poll 
there. 

Q. As such clerk do you remember a man by the name of John Frasier, who came 


MURRAY VS. ELLIOTT. 343 

there some time during that day and tried to vote and was rejected ?—A. Yes, sir; 
he came there some time during the afternoon. 

Q. State what was the reason for his rejection.—A. We looked over the poll list 
and saw where he had already voted; the ticket, name, residence, and everything 
was exactly the same. 

Q. You kept the poll list at that poll that day, did you?—A. Yes. 

Q. When a voter came up to vote, and after being sworn, his name was entered on 
the poll list, was it not?—A. Yes, sir. 

Q. When John Frasier came up in the afternoon and offered to vote, when you 
examined your poll list did you find his name there?—A. Yes, sir. 

(Counsel for contestant objects to so much of this question and the answer as refers 
to the contents of the poll list, upon the ground that the poll list being in writing 
ought to be introduced as the best evidence of this contest.) 

Q. On that poll list you enter, besides the name of the voter, the place of residence 
and the number of his registration certificate, do you?—A. Yes. 

Q. When you compared the name and residence and number of the registration 
certificate with the certificate and the residence and the name given by the man 
who presented himself in the afternoon you found that these particulars were 
identical, did you not?—A. Yes. 

Q. It showed, therefore, that someone had voted that ticket already during that 
day ? 

(Counsel for contestant objects to this question as leading and stating a conclusion.) 

A. Yes. 

Cross-examined by J. B. Edwards, Esq.: 

Q. How long have you resided in Charleston?—A. All my life. 

Q. How long have you lived at 33 State street?—A. Eight years. 

Q. Do you know where John Frasier’s hack stable is in Chalmers street?—A. I do 
not. 

Q. The man who offered to vote, calling himself John Frasier, in the afternoon; 
had you known him before?—A. He had been so pointed out, but I did not know him. 

Q. The party who voted as John Frasier in the morning, was he white or colored?— 
A. Colored. 

Q. Had you known him before?—A. No; I took no particular noticeof him; three 
or four were there together. 

Q. Is it not a fact that only one voter is allowed in a booth at a time?—A. I don’t 
know. 

Q. Did you act as clerk for the board of managers at that poll during the entire 
day?—A. I did. 

Q. During the time that you were present, during the voting hours, was there ever 
more than one voter in the booth at a time?—A. I can’t say. L took no particular 
notice. There were people looking out for Murray, for Cohen, for Elliott, special 
and regular police, and people like that. 

Q. The policemen and ralliers were not allowed to go in the booth with voters, 
were they ?—A. They were around there; but were not up to the place of voting. 

Q. Were you nearer to the voters when they came to vote than the managers?— 
A. We were all about the same. 

Q. Do you remember what was the residence stated on the certificate of the party 
who voted as John Frasier in the morning?—A. No; I do not. 

Q. Do you know how many blocks there are in Chalmers street?—A. Yes. 

Q. How many ?—A. Two. 

Redirect by W. Turner Logan, Esq.: 

Q. During the morning, when men were on their way to business, there would 
usually be more than one voter at a time going in and coming out, would there not?— 
A. Yes. 

T. SCALLY. 

Sworn to and subscribed before me this 9th day of March, 1897. 

[ L . s.] Edward F. Mayberry, 

Notary Public, South Carolina. 

At this point the examination was adjourned, by consent, to 10 a. m. March 10,1897. 

[l. s.] Edward F. Mayberry, 

Notary Public, South Carolina. 

Pursuant to adjournment, the examination of witnesses for the contestee was 
resumed at 10 a. m. March 10, 1897, before Edward F. Mayberry, notary public. 

Present: W. Turner Logan, attorney for contestee, and J. B. Edwards, attorney 
for contestant. 


344 


MURRAY VS. ELLIOTT. 


WILLIAM O’KERIN, being duly sworn, says: 

Q. Give your name, age, and address.—A. William O’Herin; age, 28; live at 5 
Wall street. 

Q. Where were you on the 3d day of November, election day?—A. Was at W ard 7, 
second precinct, at the Federal poil there, acting as manager. 

Q. As such manager did you receive any instructions from \lr. J. H. Thayer, chair¬ 
man of the board of Federal commissioners for Charleston County, relative to the 
counting of the ballots?—A. I did. 

Q. Will you state what those instructions were ?—A. They were to allow one party 
from each side to see the count. 

Q. Were those instructions complied with?—A. Yes. 

Q. Did any colored people witness the count ?—A. Yes. 

Q. Were they close enough to hear and see what went on? 

(Counsel for contestant objects on the ground that this question is leading.) 

A. Yes; close enough to see the ballots as they were taken out of the box. 

Q. A man by name of R. W. Gibbes, a witness on behalf of G. W. Murray, testified 
that he heard the managers refuse to allow people to see the count; is that true?— 
A. No, sir. 

Q. Anybody that wanted to could see it?—A. Yes, sir. 

Q. Was any dissatisfaction expressed at the close of the counting?—A. No, sir; 
everybody seemed perfectly satisfied. 

Cross-examined by J. B. Edwards, Esq.: 

Q. How many colored persons witnessed the count?—A. There was a big crowd 
of them. 

Q. Were they on the outside of the poll?—A. The crowd was on the outside. 

Q. Where were the ballots counted?—A. Right where they were cast. 

Q. Was that table at a door or a window?—A. At a door. 

Q. How far was the crowd on the outside from the door?—A. They were on the 
step right at the door. 

Q. Can you name one of the colored men who witnessed the count?—A. I can not. 

William O’Herin. 

Sworn to and subscribed before me this 10th day of March, 1897. 

[l. s.] Edw ard F. Mayberry, 

Notary Public, South Carolina. 

JOHN KEEGAN, being duly sworn, says: 

Q. Give your name, age, and address.—A. John Keegan; age 24; live 25 John 
street. 

Q. Where were you, and in what capacity were you acting on the 3d day of 
November last?—A. I was at the Federal poll of Ward Seven precinct, acting as 
manager of electiou 

Q. As such manager did you receive any instructions from J. H. Thayer, chair¬ 
man of the board of Federal commissioners for Charleston County, relative to the 
counting of the ballots?—A. Yes; Mr. Thayer gave us instructions to allow a repre¬ 
sentative from each side to see the count. 

Q. Were those instructions complied with?—A. Yes; the box w r as right on the 
table, at the side of the door. As soon as time was called they all gathered around 
on the step, right at the door, and they stayed there until we finished counting the 
ballots. They were keeping tally of the ballots as we would take them out. When 
the count Avas finished they ail went off. 

Q.' Were they satisfied ?—A. Yes; they all expressed themselves as satisfied. They 
Jhad kept tally of the ballots all through, and Avere interested in Cohen and Murray. 

Cross-examined by J. B. Edwards, Esq.: 

Q. Can you give me the name of any colored man who witnessed the count?—A. 
Yes; a colored man named Denton saw it. 

Q. How far away was Denton?—A. Denton w r as right on the step, only a foot from 
the door; right at it. 

Q. Can you give me the name of any other colored man who saw it?—A. George 
Puck and a crowd of them. 

Q. Was he a colored mail?—A. No. 

Q. Did you know Denton’s first name?—A. No, sir. 

Q. Were there any parties who applied at the poll that day whose vote was 
rejected?—A. None but those who had no registration and poll tax. 

John Keegan. 

Sworn to and subscribed before me this 10th day of March, 1897. 

[l. s.] Edw ard F. Mayberry, 

Notary Public, South Carolina. 


MURRAY VS. ELLIOTT. 


345 


JOHN E. KOSTER, being duly sworn, says: 

Q. Give your name, age, and address.—A. John E. Koster; age, 41; live at 7 Alex¬ 
ander street. 

Q. Where were you and in what capacity were you acting on the 3d day of Novem¬ 
ber last?—A. Was at the Second precinct, Ward 7, on Meeting street, acting as 
manager of election of the Federal poll there. 

Q. As such manager did you receive any instructions from Mr. J. H. Thayer, 
chairman of the board of Federal commissioners for Charleston County, relative to the 
counting of the ballots?—A. Yes. 

Q. Will you state what they were?—A. They were to allow representatives from 
each side to see the ballots counted. 

(Counsel for contestant objects to the above question, on the ground that it is in 
evidence tlmt these instructions were in writing, and that writing, being the best 
evidence of their contents, should be produced.) 

Q. Will you state whether or not those instructions were complied with?—A. They 
were. Before the counting of the ballots I called in two parties (Republicans), one 
white man and one colored man. White man was George Puck, and colored man 
was one whose name I can not recall. They were allowed to stand right before the 
table and see the ballots counted. 

Q. At the close of the count was there any dissatisfaction expressed?—A. None 
whatever. 

Q. Did you reject any persons who applied to you to see the count?—A. None at all. 

Q. Will you sta te for what Presidential candidate you voted at the last election ?— 
A. McKinley; because I believed in the gold doctrine. 

Cross-examined by J. B. Edwards, Esq.: 

Q. Did anyone apply to vote at that precinct on that day who was rejected?—A. 
None that had registration tickets and poll-tax receipts were rejected. 

Q. Where were the ballots counted at the closing of the poll?—A. Right on the 
table where the boxes were. 

Q. Were the two men whom you called in to see the count near enough to the 
table to read the ballots?—A. They were close up to the table. The colored man’s 
shoulder touched mine as I counted the ballots. 

Q. Could they see and read the ballots?—A. They were as close as I was myself. 

Jno. E. Kos'ikr. 

Sworn to and subscribed before me this 10th day of March, 1897. 

[l. s.] Edward F. Mayberry, 

Notary Public , South Carolina. 

J. M. SEMIvEN, being duly sworn, says: 

Q. What is your name, age, and address?—A. J. M. Semken; age, 27; address, 38 
Read street. 

Q. Where were you, and in what capacity were you acting, on the 3d day of 
November last?—A. 1 was acting as manager of election at the Federal poll of Ward 9, 
precinct 1. 

Q. As such manager did you receive any instructions from J. H. Thayer, chairman 
of the board of Federal commissioners for Charleston County, relative to the count¬ 
ing of the ballots?—A. Yes; they were to allow one representative from each side 
to see the count. 

Q. Were these instructions complied with?—A. Y'es, sir; there were two colored 
people in there to witness the count; the name of one 1 am not sure ot, was William 
Deas; the name of the other I do not know. One stood up and saw me counting, 
while Deas tallied. 

Q. Did they see the whole count?—A. Yes; after it was iiuished everything was 
satislactory, and no complaints were made at all. 

Cross-examined by J. B. Edw ards, Esq.: 

Q. Were there any parties who presented themselves at that precinct on the day 
of the election whose votes were rejected?—A. None were rejected who had regis¬ 
tration tickets or poll-tax receipts. 

Q. W T hen were these instructions, which you had from Mr. Thayer, given ?—A. 1 hey 
were given when we got the boxes, and again the next morning. 

Q. Did anyone apply to see the count who was refused?—A. No. 

J. M. Semken. 

Sworn to and subscribed before me this 10th day of March, 1897. 

r L s I Edw ard F. Mayberry, 

Notary Public , South Carolina. 


346 


MURRAY VS. ELLIOTT. 


O. T. McBRIDE, being duly sworn, says: 

Q. Give your name, age, and address.—A. O. T. McBride; age, 28; address, 655 
King street. 

Q. Where were you, and in what capacity were you acting, on the 3d day of Novem¬ 
ber last?—A. I was acting as manager of election at the Federal poll at second 
precinct, Ward 11. 

Q. As such manager did you receive any instructions from J. H. Thayer, chair¬ 
man of the board of Federal commissioners for Charleston County, relative to the 
counting of the ballots?—A. Yes; I received them the night before the election, 
when I received the boxes. They were to allow a representative from each side to 
witness the count. And I got the same instructions again in the morning from Mr. 
Thayer. 

Q. Were those instructions complied with?—A. Yes. 

Q. Did any Republicans see the count?—A. Yes; two; one white man and one 
colored man. 

Q. Do you remember their names?—A. Yes. C. M. English was the colored man, 
and the other was Cohen, son of the man who was a candidate at that election tor 
Congress. 

Q. Did they seem satisfied?—A. Yes; they kept tally while we were counting the 
ballots, and seemed perfectly satisfied when it was over. 

Cross-examined by J. B. Edwards, Esq. : 

Q. Where were these ballots counted?—A. They were counted right on the table 
where the ballot box was. 

Q. How near was the ballot box to the door ?—A. The table was about a foot from 
the door and the box was on the table. 

Q. Were there any parties who applied there to vote that day whose votes were 
rejected?—A. None were rejected who had registration tickets and poll-tax receipts. 

Redirect by W. Turner Logan, Esq. : 

Q. Will you state for what Presidential candidate you voted at the last election? 

(Counsel for contestant objects to this question on the ground that it is not in 
reply to anything brought out on the cross-examination.) 

A. I voted for McKinley. 

O. T. McBride. 

Sworn to and subscribed before me this 10th day of March, 1897. 

[l. s.j Edward F. Mayberhy, 

Notary Public , South Carolina. 

GEORGE M. WORRELL, being duly sworn, says: 

Q. Give your name, age, and address.—A. George M. Worrell; age 46; live at 204 
St. Philip street. 

Q. Where were you, and in what capacity were you acting, on the 3d day of 
November last?—A. I was at the second precinct, of Ward 11, on Line street, acting 
as manager of election at the Federal poll there. 

Q. As such manager did you receive any instructions from ,T. N. Thayer, chairman 
of the board of Federal commissioners for Charleston County, relative to the count¬ 
ing of the ballots?—A. Yes; when we got the boxes the night before we received 
instructions, and the next day also, to allow a representative from each party to 
witness the count. We complied with those instructions. When the polls were 
closed we called in Mr. C. M. English and another said to be a son of Cohen, who 
represented him They both kept tally and expressed themselves as satisfied when 
the count was finished. 

Q. Will you state for whom you voted for President?—A. I voted for McKinley; 
did not vote for any man for Congress. 

Cross-examined by J. B. Edwards, Esq. : 

Q. How near to the boxes were these parties, who you say witnessed the count?— 
A. They were right up to them. 

Q. Were they in front of or behind the table?—A. English was right in front of it, 
Cohen was right at the side, and they saw every ballot. 

Q. Were there any persons who applied to vote that day, at that poll, whose votes 
were rejected?—A. None were rejected who had registration certificates and poll-tax 
receipts. 

Geo. M. Worrell. 

Sworn to and subscribed before me this 10th day of March, 1897. 

[L- s.] Edward F. Mayberry,'"^ fA 

Notary Public, South Carolina. 


MURRAY VS. ELLIOTT. 


347 


J. E. CORBETT (recalled), being duly sworn, says: 

Q. Will you state for whom you voted at the last Presidential election?—A. I 
voted for McKinley and Hobart ; deeming it best for the country that they, repre¬ 
senting the gold standard, should be voted for. 

Cross-examined by J. B. Edwards, Esq.: 

Q. Did you vote for any Congressional candidate?—A. I did. 

Q. Will you state who that candidate was?—A. I voted for Elliott. 

J. E. Corbett. 

Sworn to and subscribed before me this 10th day of March, 1897. 

[l. s.] Edward F. Mayberry, 

Notary Public, South Carolina. 

PAUL D. ANTONIO, being duly sworn, says: 

Q. Give your name, age, and address.—A. Paul D. Antonio; age, 22; lives at 44 
Drake street. 

Q. Where were you, and in what capacity were you acting, on the 3d day of 
November last?—V. Was at Ward 9, first precinct, acting as manager of election at 
the Federal poll there. 

Q. As such manager did you receive any instructions from J. H. Thayer, chairman 
of the board of Federal commissioners for Charleston County, relative to the counting 
of the ballots?—A. Yes; were instructed to let a representative of each side be 
present at the counting of the ballots. We complied with those instructions. 

Q. Did any colored men witness the count at that poll?—A. Yes; two. 

Q. Did they make any complaint?—A. None whatever. 

Cross-examined by J. B. Edwards, Esq.: 

Q. What were the names of these two colored men who witnessed the count?—A. 
I do not know; if I could see them, I could identify them. 

Q. How near were they to the boxes while the ballots were being counted?—A. 
About four feet. 

Redirect by W. Turner Logan, Esq.: 

Q. Were they close enough to see anything that went on?—A. Yes: close enough 
to see everything; they were as close as they could get. 

Paul De Antonio. 

Sworn to and subscribed before me this 10th day of March, 1897. 

[l. s.] Edward F. Mayberry, 

Notary Public, South Carolina. 

At this point the examination was adjourned until 10 a. m. March 11, 1897. 

[l. s.] Edward F. Mayberry, 

Notary Public, South Carolina. 

Pursuant to adjournment the examination of witnesses was resumed at 10 a. m. 
March 11, 1897, before Edward F. Mayberry, notary public. 

Present W. Turner Logan, attorney for contestee, and J. B. Edwards, attorney for 
contestant. 


JOHN J. JONES, recalled: 

q. You stated on your first examination that you were a Democrat. Will you state 
for whom you voted at the last Presidential election?—A. For Mr. McKinley, 
because he upheld the gold standard, and I believe in that. 

Cross-examined by J. B. Edwards, Esq.: 

Q. Did you vote for any Congressional candidate?—A. Yes; for Elliott. 

John J. Jones. 

Sworn to and subscribed before me this 11th day of March, 1897. 

[ L . s.] Edward F. Mayberry, 

Notary Public, South Carolina. 


At this point the examination was adjourned to 10 a. m. March 12, 1897. 


[L. S.] 


Edward F. Mayberry, 

Notary Public, South Carolina. 


Pursuant to adjournment the examination of witnesses for contestee was resumed 
before E. F. Mayberry, notary public, at 10 a. m. March 12, 1897. 


348 


MURRAY VS. ELLIOTT. 


Present: W. Turner Logan, attorney for contested, and J. B. Edwards, attorney 

for contestant. _ 

No witnesses appearing the examination was adjourned to 10 a. in. March Id, 189L 

r L> s i Edavaud F. Mayberry, 

Notary Public, South Carolina. 

Pursuant to adjournment the examination of witnesses for contestee was resumed 
at 10 a. m. March 13, 1897. 

Present : W. T. Logan, attorney for contestee, and J. B. Edwards, attorney tor 
contestant. 


J. M. SEMKEN, recalled: 

Q. A colored man, Isaac Salters, testified on behalf of G. W. Murray, as follows: 
“This man was at the First precinct, Ward 9.” Will you state if you were manager 
at that precinct?—A. I was. 

Q. He said: “No colored man was inside when the votes were being counted, the 
clerk, a colored man, whose name I do not know, asked to be allowed to witness the 
count. The managers asked the policeman whether he, the clerk, was a white man 
or a colored man; the policeman told the managers that he was a colored man. 
The managers said no, he could not come in.” Will you state if that statement is 
true or false?—A. It is absolutely false. 

Cross-examined by J. B. Edwards, Esq.: 

Q. Did you see a colored man on the outside of the poll, during the day of the 
election, who was taking the names of rejected voters?—A. Yes. 

Q. Was that man one of the parties who witnessed the count?—A. Yes. 

Q. Do you know the name of the man?—A. I do not; I described him to two or 
three people and he turned out to be William Deas. I would recognize him auy- 
where. 

Q. Did any other person apply to witness the count who was refused?—A. No one 
in particular. 

Q. Do you know the name of the policeman who was stationed at the poll that 
day?—A. No; I would if I saw him, though. 

.J. M. Semken. 

Sworn to and subscribed before me this 13th of March, 1897. 

[l. s.] Edward F. Mayberry, 

Notary Public, South Carolina. 

At this point the examination of witnesses was adiourned to 10 a. m. March 15, 
1897. 

[l. s.] Edward F. Mayberry, 

Notary Public, South Carolina. 

Pursuant to adjournment the examination of witnesses was resumed at 10 a. m. 
Monday, March 15, 1897. 

Present: W. Turner Logan, attorney for contestee, and J. B. Edwards, attorney 
for contestant. 


H. M. LOFTON, being duly sworn, says: 

Q. Give your name, age, and residence.—A. H. M. Lofton; age 57; live at 
McClellanville. 

Q. Will you state what position you held, officially, during the registration that 
took place under the constitution of 1895?—A. I am a member of the board of 
supervisors of registration for Charleston County. 

Q. As a member of the board of supervisors, did you ever know of any order ever 
having been given that there should be two lines formed at the entrance of the regis¬ 
tration office, one to be a colored line, and the other a white line?—A. No such order 
was ever issued. 

Q. Will you state whether or not such lines, at the beginning of the registration, 
were formed voluntarily or not?—A. I think it was the first day the citizens did 
form such a line, but hearing complaints about this line outside of the door, I sug¬ 
gested to the chairman that he had better go out and arrange the matter and not 
allow it. He did do that. After he did that there was only one line; they just 
came into the passageway together. 

Q. Did you ever close the doors of the registration office, leaving men on the out¬ 
side who wished to be registered?—A. No, sir; our rules were to keep open from 
9 to 3, as that was the law. but the first few days we found ourselves so crowded that 
several times we had to keep open until i, so as not to turn anyone oft'. We adhered 
to that in the city, and in the country we ran from 9 until several hours over the 


MURRAY VS. ELLIOTT. 349 

req aired time, because we found that closing at 3 would turn a great many off, and 
to prevent that the polls were kept open to considerably late hours. 

Q. As long as anyone was there to register you kept open?—A. Yes. 

Q. l)o you remember any instances of > omplaints being made that white people 
should be kept waiting while colored people were being registered?—A. I remem¬ 
ber one very pointed case, where I got a little impatient myself, and that was in the 
case ot l>r. Huger. A party, Mr. Cantwell, came to the window and complained 
that Dr. Huger was being kept waiting in the line by the colored people and ought 
to get away and attend his patients. I said we do not know Dr. Huger in this office; 
every man must take his regular turn. 

Q. Do you remember any other gentleman who complained?—A. Mr. De Saussure 
came in and refused to sign the roll; the chairman simply told him that unless he 
sigued he could not get a registration certificate; Mr. De Saussure became very indig¬ 
nant and used some harsh language; I told him that lie would have to be put out 
unless he desisted and he complied with my request. 

Q. From whom did most of the complaints come as to the formation of the lines?—A. 
Charleston had two factions here in her Democratic ranks, and the most of our trou¬ 
ble came from them—tbe white people—in fact the colored people did not bother us 
at all; I never got along with them better in my life. 

Q. Was it the custom of the board to make any distinction as to the order in which 
people should be admitted?—A. The board had a policeman stationed at the door, 
and he was instructed not to allow more than three to enter at a time; there were 
times when the crowd would shove in a little, but we had them put out. 

Q. Will you state why three were admitted?—A. Because there were three of us 
supervisors, and each one could take a man. 

Q. What distinction did you make as to the colored men when you were letting 
men in?—A. None whatever; sometimes all three would be colored men, and again 
all three would be white. 

Q. Did you ever receive any complaint as to any partiality in the admission of 
applicants for registration ?—A. No, sir; none were ever made; we keep every paper 
that has ever been filed in that office as a record. 

Q. Will you state what your rule for applicants was when they applied for regis¬ 
tration ?—A. The first requisite was, if the parties were liable to a poll tax that they 
produce that poll-tax receipt for the previous year; the next was, could they read 
or should the supervisor read it and have the applicants explain the section read; in 
numbers of cases, both white and colored, where we knew men to be intelligent, we 
registered them without requiring them to read the constitution; if the applicant 
could not read, I would read a section and he would explain; a large number, both 
colored and white, who could not read at all did explain satisfactorily. 

Q. Was the examination of applicants public?—A. Yes. 

Q. State how you divided the work of registration among the supervisors.—A. 
The chairman and myself did most of the examining and Mr. Williams did most of 
the writing, but very often the three of us would be registering at the same time. 

Q. From whom did you receive the greatest complaints about the poll tax?—A. 
From the white x>eople. 

Q. Were any colored persons of prominence around the registration office during 
registration?—A. Yes, sir; they did not stay all the time; Purvis was there—Gen. H. 
W. Purvis, I mean; and Dr. Crum, I heard them speaking of. 

Q. Did they make any demand for a change of method or complain of any unfair¬ 
ness?—A. No, sir. 

Q. Did you go around to the different precincts in the county registering appli¬ 
cants?—A. Yes; I went to all but three, and the other members of the board, Mr. 
Williams and Mr. Mott, went to them. 

Q. Do you remember any white people being rejected at any of these precincts?— 
A. On Edisto Island, a Mr. Stevens, a man of considerable business there, applied 
for a certificate and refused to read the constitution. W e rejected him for that rea¬ 
son. In Charleston, here, we had three white men arrested for trying to repeat. 

Q. Did you ever have any rows with the colored people?—A. The colored people 
gave us no trouble at all. It was between the two factious that we had the trouble. 

Q. Do you remember any other instances where white people complained?—A. 
Mr. James Reedy brought an Italian there and we rejected him because he was not 
naturalized. After his papers were straightened, he could not read, and we rejected 
him. There were several others, but I remember these particularly as cases where 
we had trouble with the white men. 

Q. Thaddeus Smalls testified, as a witness on behalf of G. W. Murray, that he was 
at the registration office in August, 1896. He said: “When I went to register they 
told me to pass on. I then passed on. They did not examine me to see whether I 
could read.” Is that true or false?—A. That is utterly false. 

Q. Napoleon Jenkins, another witness for G. W. Murray, testified as follows: “I 
was told to read the constitution, sections 8 and 10. I read them and expected to 


350 


MURRAY VS. ELLIOTT. 


get a registration certificate. They asked me no questions, took the book from me, 
and stood me aside.” Is that statement true or false ?—A. It is false. None that 
could read were ever stood aside. 

Q. Do you know whether any record was kept of the rejected men?—A. 'ies; we 
kept a roll and a record of both those registered and those who were not registered. 

Q. Was that record made when the parties were rejected?—A. Yes; this list was 
made right at the moment when they were rejected, with the reasons for rejection. 

Q. Will you turn to the list I now hand you and see if you find the name of Napo¬ 
leon Jenkins and the reasons for his rejection [hauds witness a list of rejected 
applicants for registration] ?—A. Yes. “Napoleon Jeukins, can not read or explain,” 
is down here, and that is the reason he was refused. 

(Counsel for contestant objects to this witness testifying to the contents of this 
record, the record itself being the best evidence; further, that there is no proof that 
this witness made or kept this particular record, or that he is the legal custodian 
thereof, and has had the same in his custody from the time of its making until its 
production here.) 

Q. .1. C. Higgins, a witness on behalf of G. W. Murray, testified as follows: “The 
first time I got in they asked me if I could read. I told them * a little. 7 They handed 
me the book and I read two sections of what he asked me to read. He asked me my 
age and I told him I was 52, and he leave me standing there. At that time two white 
gentlemen came in. He took their names, gave them their certificates, then turned 
around to me and said he could not give me a certificate; that 1 must go up to the 
court for further satisfaction.” Will you state whether any such conversation ever 
took place?—A. It never did; it is false. 

Q. A man by name of J. Rivers testified that, “I told the men at the registrar’s 
office I could not read. They told me I could not register, and I asked nothing fur¬ 
ther.” Will you state if that is true or false, and what your custom was when a 
man said he could not read?—A. Whenever parties could not read they were allowed 
to explain, in every instance, and in numbers of instances, where they attempted to 
read and could not, I read for them and let them explain. A large number of these 
people, as soon as they started to read, and had read only a line or so and we found 
they could read, we stopped them and gave them their tickets. The object was only 
to see if the men could read or understood. 

Q. Will you turn to the list I now hand you [counsel for contestee handing the same 
list above referred] and see if you find the name of J. Rivers on it and the reason for 
his rejection?—A. (Reading from list.) “ J. Rivers, can not read or explain.” 

(Counsel for contestant objects to witness testifying to the contents of this list on 
the same grounds as above.) 

Q. A. McIntosh, a laborer, who resided at Three Mile House, testified, as a wit¬ 
ness on behalf of G. W. Murray, as follows: “I tried to get registration certificate, 
but did not succeed. A gentleman told me to get out of the way, they did not have 
time to worry with me then. I stood off some time, and went up the second time 
that same day. Was treated the same way; said they could not worry with me. 
Got up to the desk, and they said, ‘Old man, can you read the constitution?’ I 
said, ‘I will try;’ took the book and started to read, and they said, ‘You can’t read 
well enough; we have not time to worry with you,’” and on his cross-examination 
he said, “ I simply caught the book up and was looking over it, just as you would 
when you start to read, and they stopped me.” Will you state whether that is true 
or false, and whether that was your manner of dealing with applicants?—A. It is 
false; I treated whites and blacks equally courteously. 

Q. A witness, Pat Middleton, who resided at 23 Elizabeth street, testified in behalf 
of G. W. Murray, as follows: “ I made application for registration certificate twice; 
they asked me first if I could read. I said I could not; they said, ‘You must then 
pass on.’ I went back and tried again. They said, ‘You can not get it; get out of 
here.’ I waited there, trying to get it. A man came right behind me, a white man; 
they did not ask him any questions, nor did he read anything; they gave him a cer¬ 
tificate, and he passed on. I asked them how it was they could give it to that man 
and not to me. They said, ‘None of your damn business; get out of here quick, or 
I will have you arrested.’ Other colored men were treated in the same way.” On 
his cross-examination he testified that he was not asked to explain the constitution. 
Will you state it that statement is true or false, and if you pursued that manner 
toward applicants?—A. It is utterly false; we never used profanity to any of the 
applicants. 

Q. George Collier, living at 28 Chapel street, testified on behalf of G. W. Murray, 
as follows: “Tried to get registration ticket every day for a week. They gave me 
the constitution to read. I read it. They said it was not satisfactory. There were 
two lines at the office, white and colored. 8ix or seven whites would go in to regis¬ 
ter and come out to one colored. The colored men went in but were not registered.” 
Will you state whether it is true or false, what he said?—A. It is false. If he had 
read the constitution he would have gotten his certificate. 


MURRAY VS. ELLIOTT. 


351 


Q. \\ . J. Fields, residing at 323 Rutledge avenue, testified on behalf of G. W. 
Murray, as follows: “Policeman, wlio was stationed at the entrance of the registra¬ 
tion office, by his ingenuity, would obstruct colored men from entering into the room 
toward the registration officers as he would see fit, while the line that was composed 
of white men would be allowed to come into the room at the rate of about eight to 
every one colored man. The whole manner in which the registration was conducted 
was a clear obstruction against the colored voters. * # I was required to read 

a certain section of the constitution of the State of South Carolina. That was only 
required of colored men.” Will you state whether all this testimony was true or 
false f A. It was entirely false. It was contrary to the management of the office 
throughout, and there arr plenty ol colored men here who could testify like 1 do as 
to its falseness if they would. 

Q. Did you notice any very great interest being taken by the colored people in 
obtaining registration certificates, generally throughout this county ?—A. My opinion 
was that they took very little interest. I know in my section there was no interest 
at all taken; I know of three instances where T pursuaded colored men, Republicans, 
to go an register. They thought they could not and I persuaded them to do so, and 
they afterwards voted the Republican ticket. I know several who could have 
registered but never even took the trouble to apply. 

Q. Who were the most numerous applicants in Charleston, for registration ?—A. 
The white people, by far. I had no idea the factional differences were so great, and 
that was one reason why so many applied. 

Cross-examined by J. B. Edwards, Esq.: 

Q. How many days were these lines that you say were formed voluntarily, by the 
white and colored citizens, kept up?—A. My impression is that they were broken up 
the very first day. The loud talking made me suggest to the chairman that he go 
out and arrange matters and he broke it up. 

Q. That is only your impression, you do not know as a matter of fact whether the 
line was broken up on the first day or not ?—A. We never had anything to do with 
lines. We were very anxious to keep down any disturbance, and while 1 could not 
be absolutely positive, it is my best impression that the lines were stopped the first 
day. 

Q. What was the nature of the complaints that you heard with reference to the 
lines on the first day?—A. There was no complaint made to us; but we heard this 
loud talking in the lobby as to who should go in first, and the chairman went out 
and told a policeman to make everybody form in one line. 

Q. From the position that the members of the board occupied in the room you 
could not see the line, could you?—A. No. 

Q. Have you any means of knowing whether the policeman carried out your 
instructions and formed only one line?—A. As to the formation of the line, the only 
information that I had was from Mr. Cantrell, who came to the window very much 
incensed because Dr. Huger had to keep his position in the line behind the colored 
men, and had to wait until they went in. 

Q. I understood you to state that you never closed the office while anyone was 
waiting outside to apply for registration; is that a fact?—A. Three o’clock was our 
regular hour for closing, but whenever an applicant was waiting we registered him 
before closing up. We never turned anyone off. It was only a few days, however, 
that there was any rush like that, and we could have handled three times the 
people. 

Q. Is it not a fact that, as a rule, all that the white applicant was required to do 
was to sign the roll, they not being asked whether they could read or not, and not 
being required to exhibit their poll-tax receipts?—A. That was not a fact. They 
were all required to show their poll-tax receipts, but where an intelligent man, who 
was known, as we were satisfied that he understood the constitution, he was passed, 
just as we did the colored men who we were satisfied could read the constitution 
also. We also passed in a number of colored men who could not read but could 
explain it, and they have certificates to this day. 

Q. Is it not a fact that the policeman who was stationed at the entrance of the 
registration office would not allow the colored applicant to enter the line of the 
whites?—A. That is not a fact, or the board would have been informed of it. 

Q. Can you give an idea of the average time taken to register an applicant?—A. 
About five minutes. The only time that was longer than usual was when we were 
giving a man a good chance to read, and if he failed in that, in reading to him and 
allowing him to try and explain. 

Q. You have stated that the applicants for registration were examined publicly. 
Is it not a fact that when an applicant got to the desk where he was being exam¬ 
ined that he was out of the view of the public?—A. That is not true. The appli¬ 
cant, standing in the passage, was but a few feet from the door; the door being 
open, the public standing there could not only see him, but could hear. 




352 


MURRAY YS. ELLIOTT. 


Q. Have you any information of the fact that certificates oi registration have been 
sent to persons through the mail who did not apply in person for them? A. I never 
knew of any such being sent. 

0- Is it possible for any to have been sent without your knowledge ?—A. Two 
being a quorum of the board, it might be possible that a certificate could be sent. 

Q. Is it true that colored applicants were required to both read and explain sec¬ 
tions of the constitution?—A. No; they were required either to read or explain. 
[Explains from a copy of the constitution how theapplicants were treated.] 1 would 
read this section (section 8) and taking the clause “ hereditary emoluments ” as a 
fair expression of the gist of the section, ask the applicant to explain that, thinking 
that it was of great importance to the American people that no hereditary emolu¬ 
ments be allowed in a free republic. 

Q. Is not the section in the constitution which you have just read and explained 
one of the most difficult sections in the constitution?—A. I really don’t know; I 
think it is a very important section, but expect there are many harder than it is. 

Q. You have stated in your direct examination, in reference to Napoleon Jenkins’s 
testimony, that he may have been required to read sections 8 and 10 of the consti¬ 
tution. Did you require applicants to read more than one section?—A. No. Occa¬ 
sionally when a man could not read one section he was offered another to try. Most 
of them only read a line, and that was sufficient. I could not say whether Jenkins 
read two sections or not. 

Q. Is it not a fact that the most difficult sections of the constitution were selected 
and given the colored applicants to read?—A. In numbers of cases the constitution 
was handed the applicant for him to select a section himself and read it. 

Q. YY T as that the rule?—A. We had no particular rule. Sometimes it was opened 
for him, sometimes just handed, and in a good many instances the applicants brought 
their own books. 

Q. ( Under the law, is it not the duty of the registration officer to select a section 
that is to be read or explained by the applicant?—A. There is no law to that effect, 
but if a party desired me to point out a section I did that. 

Q. You say that, as a rule, the colored people appeared to take very little interest 
in the registration. Is it not a fact that there was always a greater number of them 
at the registration office than there were of white men?—A. No; the white men 
predominated. There might have been a day or two when the colored men Hocked 
there, but after that the whites predominated, and I was surprised to see so few 
colored people. 

Q. Did you notice the newspapers during the weeks you were engaged here in 
registering voters, with reference to the conduct of registration and the number of 
voters of both colors?—A. I did not notice them particularly and do not remember 
anything of that kind in them. 

Q,. You did not see then the statement in the Charleston News and Courier that a 
greater number of colored people were applying for registration than whites, and 
the appeal in that paper made to the white voters to manifest more interest in the 
political situation and to apply for registration?—A. I could not say, because I do 
not remember; I was so busy I did not notice the papers. 

Q. You have stated that the colored applicants gave you no trouble; do you not 
think that that was because they were more patient and willing to wait their oppor¬ 
tunity for registering?—A. Possibly; but we had no trouble from them at all. 1 
could not say what their reason was. Our trouble was with the two white factions 
of the Democratic party. 

Q. You have stated that in the country you found that the colored people took no 
interest in applying for registration, because they did not think that they could get 
it. Is it not a fact pretty generally known that at prior registrations great num¬ 
bers of colored persons have spent whole days in trying to be registered and failed, 
thus becoming discouraged ?—A. I am satisfied that in my section they were dilatory 
in making an application, and were misinformed about what was required of them. 

I knew they were all right and tried to make them come forward. 

. Q. Have you any information that colored men, who not only could read but could 
write, and who have applied for registration under the present constitution, who 
ffitve been rejected?—A. I don’t know whether they could read or write, but I know 
of none who were rejected when they could read. Writing was not the test; it was 
reading or explaining 

Q. YV ere a greater number of white applicants allowed in the. registration office 
at one time than there were colored?—A. No. 

Redirect by W. Turner Logan, Esq.: 

Q. I think, Mr. Lofton, you misunderstood the question asked you on cross-exam- 
ination, as to v liether or not the policeman, after having been given orders to have 
only one line at the door, obeyed that order. \\ ill you state if he obeyed that order 
or not, and if there was only one line?—A. He certainly did obey it, and the only 
complaint made showed it -the complaint made about lit*. Hugher. 


MURRAY VS. ELLIOTT. 


353 


Q. Will you state whether there were any days during the period allowed by law 
tor registration when no persons at all applied for registration ?—A. We had some 
applicants every day, at least. 

Q. Were there some days very few?—A. Many days there were very few. 

(Counsel for contestant objects to the last two above questions on the ground that 
they are not in reply to anything brought out on cross-examination.) 

Q. Will you state, Mr. Lofton, whether a second trial, and even a third, was not 
often given to applicants who had been rejected on their first application?—A. Yes 5 
some tried, and were allowed to try as many as five times. I told some to go and 
study up and come back. 

Q. Mr. Lofton were not the snpervisors of registration stationed at the court-house 
on election day in order that all persons who might be rejected on account of cler¬ 
ical errors in their registration certificates would be .afforded an opportunity of hav¬ 
ing such errors rectified? 

(Counsel for contestant objects to this question on the ground that it is not in 
reply to anything brought out in the cross-examination, and upon the further ground 
that it is leading.) 

A. I was not in the city on the day of election ami hence could not say. 

H. M. Lofton. 

Sworn to and subscribed before me this 15th day of March, 1897. 

[l. s.] Edward F. Mayberry, 

Notary Public, South Carolina. 

At this point the examination was adjourned to 10 a. m., March 16, 1897. 

[l. s.] Edward F. Maybeury, 

Notary Public , South Carolina. 

Pursuant to adjournment the examination of witnesses for contestee was resumed 
before Edward F. Mayberry, notary public. 

Present: \V. Turner Logan, attorney for contestee, and VV. F. Myers, attorney for 
contestant. 

WILLIAM DONELAN, being duly sworn, says: 

Q. Give your name, age, and address.—A. William Donelan ; age, 31; reside at 18 
Alexander street. 

Q. Where were you and in what capacity were you acting on the 3d day of 
November last?—A. I was at the Federal poll of the first precinct, Ward 7, acting 
as a manager of election. 

Q. As such manager, did you receive any instructions from Mr. J. H.Thayer, chair¬ 
man of board of Federal commissioners for Charleston County, relative to the 
counting of the ballots?—A. Yes, sir. 

Q. What were they?—A. That we were to let each party have a representative at 
the closing of the polls to see the vote counted. 

Q. Do you remember how the vote stood at that poll?—A. There were more white 
voters than colored. 

Q. Do you remember a man by the name of Jack Cutlibert being present at that 
poll that day?—A. I do; he was present all day. 

Q. Do you remember having told Cuthbert that he should not be allowed to see 
the count?—A. No; I never told him anything like that. 

Q. Did you tell him that Mr. Jos. W. Barnwell said no one must enter that booth?— 
A. I did not. 

Q. State whether or not any colored men witnessed the count at that poll.— 
A. There were two who witnessed it. 

Q. How was it done?—A. Knowing Jack Cuthbert well, I invited him in to see 
the count; told him to select any friend of his own to come in with him; he did so. 

Q. Did they remain?—A. They did; they had a chair and a table; one tallied and 
the other examined the ballots as we counted. When they had a doubt they were 
allowed the privilege of looking at the ballots to satisfy themselves. 

Q. Was any dissatisfaction expressed at the end of the counting?—A. None what¬ 
ever; Cuthbert said he was treated in a more gentlemanly manner at that poll than 
he had ever been before at any poll, and said he would mention it in the Republican 
meeting. 

Cross-examined by W. F. Myers, Esq.: 

Q. What is your occupation?—A. I am an iron molder. 

Q. Are you now or were you recently engaged in the work of your trade?—A. No, 
sir. 

Q. What are the names of the parties associated with you as managers?—A. 

I7745-23 



354 


MURRAY YS. ELLIOTT. 


Hampton Smith and Thomas Moran as clerk, and W. J. McMahon as the other 
manager. 

Q. Are they all Democrats?—A. I couldn’t say for anyone but myself. 

Q. Are you a Democrat?—A. I refuse to answer. 

Q. Are you afraid or ashamed to give your political identity? —A. No; I have the 
Tight to give it or not, as I wish. 

Q. Having occupied the important position of manager, were you not selected by 
the political organization of your precinct or ward to act as such ?—A. I was selected 
by someone to act as manager. 

Q. You refuse to bay who?—A. I knew nothing of it; it was done in my absence 
by the organization, I suppose. 

Q, What organization?—A. I don’t know what. 

Q. What ward organization?—A. The ward organization of the Democratic party. 

Are you not a member of that organization or club?—A. I am. 

<Q. The Republicans had no representation on the board of managers, did they?— 
A. I don’t know. 

Q. Are not Messrs. Hampton Smith and W. J. McMahon Democrats?—A. I don’t 
know. 

Q. You do not deny that you have met these two in club meetings or Democratic 
mass meetings?—A. I never met either one of them. 

Q. Why is it Republicans were not allowed entrance during the day to the voting 
booth?—A. Nobody was allowed; there was no distinction whatever allowed. No 
■one was permitted, except those who came to vote. 

Q. How far was the ballot box from the point of entrance to the booth?—A. I 
don’t know. The table was right at the end of the barricade. I don’t know the 
length of the barricade. 

Q. It was more than 10 feet, was it not?—A. I don’t know. 

<Q. Was it 15 feet?—A. I don’t know. 

Q. You only know, then, that there was a barricade, with a policeman stationed 
at the entrance?—A. I don’t know the policeman’s instructions; he was not stationed 
there all the while. 

Q. How many times before the last election have you acted as a manager?—A. 

I never was a manager before. 

Q. You were a rallyer, were you not?—A. 1 was. 

Q. Were you a very active member of the Democratic club of your ward?—A. No, 

I was not; I didn’t consider myself so. 

_ What are the names of the Republicans you said were admitted with Jack 
<Omtlibert ?—A. I don’t know. 

<$, How long have you lived in the precinct?—A. Quite a while; about fifteen to 
'eighteen years. 

Wm. Donelan. 

-Sworn to and subscribed before me this 16th of March, 1897. 

[l. s.] Edward F. Mayberry, 

Notary Public, South Carolina. 

At this point the examination was adjourned until 10 a. m. March 17, 1897. 

£l. s.] Edward F. Mayberry, 

Notary Public, South Carolina. 

Pursuant to adjournment, the examination of witnesses for the coutestee was 
resumed on March 17, 1897, before Edward F. Mayberry, a notary public. 

Present: W. Turner Logan, attorney for coutestee, and W. F. Myers, attorney for 
contestant. 

No witnesses appearing, the examination was adjourned until 10 a. m. March 18 
1897. 

[l. s.] Edward F. Mayberry, 

Notary Public, South Carolina. 

Pursuant to adjournment, the examination of witnesses tor coutestee was resumed 
at 10 a. m. March 18, before Edward F. Mayberry, a notary public. 

Present: W. T. Logan, attorney for contestee, aud W. F. Myers, attorney for con¬ 
testant. 

No witnesses appearing, the examination was adjourned until 10 a m March 19 
1897. ' ' 

[l. s.] Edward F. Mayberry, 

Notary Public, South Carolina. 

Pursuant to adjournment, the examination of witnesses for the contestee was 
resumed at 10 a. m. March 19, 1897, before Edward F. Mayberry, notary public. 


MURRAY VS. ELLIOTT. 355 

Present: W. Turner Logan, attorney for contestee, and W. F. Myers, attorney for 
contestant. J 

No witnesses appearing, the examination was adjourned until 10 a. m. March 20, 
1897. 

t L - s.] Edward F. Mayberry, 

Notary Public, South Carolina. 

Pursuant to adjournment, the examination of witnesses was resumed on March 20, 
at 10 a. m., before Edward F. Mayberry, a notary public. 

Present: W. Turner Logan, attorney for contestee, and W. F. Myers, attorney for 
contestant. 

W. HAMPTON SMITH, being duly sworn, says: 

Q. Give your name, age, and residence.—A. W. Hampton Smith; age, 49; resi¬ 
dence. 19 Charlotte street. 

Q. Where were you, and in what capacity were you acting, on the 3d day of 
November last?—A. I was at the Federal poll of first precinct, Seventh Ward, act¬ 
ing as chairman of the board of managers of that precinct’s poll. 

Q. As such manager did you receive any instructions from Mr. J. H. Thayer, chair¬ 
man of the board of Federal commissioners for Charleston County, relative to the 
counting of the ballots?—A. I did. Both verbal and printed copies were furnished 
us of all acts governing the election. Our instructions were to allow representatives 
of all three candidates to witness the count. I carried out these instructions to their 
smallest detail. A black man by name of Jack Cuthbert, well known in the ward, 
came in. I recognized him, and he was known to be there in the interest of Mr. 
Murray. Cuthbert called in a young colored man; don’t know him, but think his 
name was Deas or Deseef; nice-looking man. And Mr. Cohen’s representative was 
young Elias, and the only one that came in to represent Mr. Elliott was Mr. N. I. 
White. They saw the whole count in every way—the handling of the ballots, the 
tallying, and the counting up. They stood right at the table amongst us, and saw 
all of the counting. After the count both Cuthbert and his friend and also Mr. 
Elias expressed themselves as fully satisfied with the manner of conducting the 
whole election and the counting. Cuthbert thanked me for courtesies extended to 
him and his friends all day and at the couut; said he was perfectly satisfied. 

Q. Cuthbert, in his examination, in behalf of Murray, testified that you said you 
were willing for him to come in and witness the count, but the board overruled you. 
Is that true ?—A. I deny that most positively. The board worked very harmoniously, 
and there was no discussion at all among us. There was no obstruction from anyone, 
and it was understood all day among all the managers that they were to be allowed 
to come in. Our vote was small, and it did not take us long to count it. 

Q. Did Mr. Jos. W. Barnwell ever state at your polling booth, in connection with 
the matter of the count, that no man must enter the booth but the managers and 
the persons who came to vote?—A. No, sir. Of course, during the day no one but a 
voter could come in the polling booth. The place was wide open, and anyone could 
see the man; and Cuthbert came himself several times to the doorway. When I 
went to vote myself I called Cuthbert up so he could see. I asked him for a McKin¬ 
ley Presidential ticket, and recognizing Cuthbert as being there in the interest of 
Murray asked him to give me the McKinley ticket. He handed me the Republican 
electoral ticket and also a Murray ticket, in a friendly way saying, “ Here are both 
tickets.” I was a sound-money man and voted openly for McKinley electors, calling 
Cuthbert’s attention to the vote. I told him that I was voting for Mr. Elliott, of 
course, in preference to Mr. Murray, for Congress. A good many voted like I did— 
openly for McKinlev. 

Q. Do you recollect any of the managers telling Cuthbert that Mr. Jos. W. Barn¬ 
well said'no one must be'allowed to see the count except the managers?—A. No, sir; 
I was there all the time and was in a position to know; I never left the booth all 
the day. 

Q. You say Cuthbert was around the poll all the day ?—A. Yes, sir; he had a table 
and tickets, and was representing the Republican party. 

Q. During the whole time of the election at your precinct, where Cuthbert was 
stationed as”a representative of Murray, did he ever make any complaint whatever ?— 
A. Yes; he made one. Ho complained that the managers refused to allow parties 
desiring to vote who did not have registration tickets, and that was the only one. 
He kept their names himself on the outside. 

Cross-examined by W. F. Myers, Esq.: 

Q. Who were the other managers?—A. William McMahon and Donelan. 

Q. Were they Democrats?—A. Yes. 

Q. You voted for Mr. Elliott for Congress because he was the Democratic nominee?— 
A. Yes. 


356 


MURRAY VS. ELLIOTT. 


Q. Who were the Democratic ralliers that day?—A. I don’t know of any; Mr. 
White was running the table and we had no challengers. 

Q. How far was the ballot box from the point where voters were allowed to 
enter?—A. I suppose it was about 3 feet from the doorway, under the eaves of the 
house, and the barriers were very wide and about 10 feet long, and loosely put up. 

Q. Who recommended the appointment of managers in your precinct?—A. I don’t 
know. 

Q. Is it not customary for the clubs or their representatives to recommend the 
appointment of managers?—A. I don’t think so; it may have been done at some 
elections. 

Q. Are you a Democrat?—A. I am a sound-money Democrat and an enthusiastic 
one. 

Q. You are now, or have been, an officer in the club of your ward?—A. Yes; there 
are no regular Democratic clubs in our ward, but there are two factions, the straight- 
out and the reform, and I belong to the straight-out. 

Q. These two clubs represent factions in the Democratic organization; do they?— 
A. They do. 

Q. Persons to act as managers are always selected from the club rolls, are they 
not?—A. I always understood that a manager was appointed from men who knew 
well the people in the ward. 1 knew'nothing of my own appointment until I received 
the notice from Mr. Thayer. I couldn’t say that anyone recommended me nor that 
it was the rule to appoint men from the club list. 

Q. Mr. Barnwell is chairman ot the Democratic party, is he not?—A. I think that 
is his position. 

Q. You said he visited the polls several times that day?—A. Yes. 

Q. AVhat instructions did he give you bearing on the conduct of the election that 
day?—A. He gave me none. 1 knew he was a leading Democrat, and that was all; 
but he had no right to instruct me. 

Q. How far was the Federal booth from the State booth?—A. About 20 or 25 feet; 
one was in the store and the other in the annex to the store. 

Q. In the same building?—A. No; the State box was in a store and the Federal box 
in the annex. 

Q. How many times have you acted as mauager of elections; in all kinds, primary 
and others?—A. Six or seven times in all my life, covering twenty-odd years. 

Q. Did the State box have a barrier?—A. It did; they all had. 

Q. AVhat was the electoral vote at your poll?—A. One hundred and thirty-odd, I 
would say. 

Q. AVho received a majority at that poll?—A. Bryan. 

Q. You have been prominent in the politics of this county and have held positions 
under the city government, have you?—A. I have. 

Q. No one was admitted to witness the conduct of the election during the day?— 
A. In a general way; the people would stand around, and it was easy to see, as the 
barricade was open; Cuthbert came in and out to speak to us. 

Q. There is such a required similarity of ballots that you can not distinguish one 
from the other, except by the names thereof?—A. A'es; that is true. 

AV. Hampton Smith. 

Sworn to and subscribed before me this 20th day of March, 1897. 

[seal.] Edward F. Mayberry, 

Notary Public, South Carolina. 

GEORGE B. EDAVARDS, Esq., being duly sworn, says: 

Q. AVhat is your name, age, residence, and occupation?—A. George B. Edwards; 
age, 46; live at No. 4 Ladson street; I am a banker by profession. 

Q. Have you not taken an interest in politics in this city for a number of years?— 
A. I have taken quite an active interest fora great many years. 

Q. Have you ever been connected with any of the city organizations?—A. I have 
been a member of the executive committee of the Democratic party for a number of 
years. 

Q. Is it in your knowledge that during the registration of voters the line was much 
more strictly drawn between the Tillmanite and Conservative factions of the Demo¬ 
cratic party than between Republicans and Democrats ?—A. There is no doubt of it. 
The reason was that there was a strong idea on the part of the Tillmanites of putting 
up a Tillmanite ticket to run in this county at the general election, and, as in the 
municipal election one year previous the negroes had voted almost solidly with the 
Tillmanites, they naturally counted upon them as allies and likely to help them 
again. 

Q. Do you know how the board of supervisors was composed with regard to the 
two factions of the Democratic party?—A. Yes; two were Tillmanites and one was 
a Conservative. 


MURRAY VS. ELLIOTT. 


357 


Q. I s it not a matter of common knowledge that during the last Presidential cam¬ 
paign the feeling among the business men in Charleston was very much inclined in 
favor toward William McKinley as President?—A. Yes; for the reason that the 
business people was absolutely opposed to the policy outlined by the national Demo¬ 
cratic party, who nominated Mr. Bryan. 

Q. Is it not a matter of common knowledge that Mr. William Elliott, the Con¬ 
gressional nominee, would have received a much larger majority than he did receive 
it it had not been known that he was in favor of sound money?—A. Ho certainly 
would, because the Senator, 'lillman, was an ardent silverite, and many of his fol¬ 
lowers supposed that he would rather see anyone else elected to Congress than a 
Sound Money Democrat. 

Q. State the capital of your bank.—A. I am president of the Exchange Banking 
and Trust Company, capital $100,000; president of the Electric Lighting Company 
ot Charleston, which has invested $350,000. I am, I believe, the largest individual 
stockholder in the Columbia (S. C.) Electric Light and Power Company. I am 
vice-president of the Fidelity Building and Loan Association, and a director in a 
number of other enterprises in which I hold stock, and I am vice-president of the 
Chamber of Commerce. 

Cross-examined by W. F. Myers, Esq.: 

Q. The supervisors of registration are pronounced Democrats, notwithstanding 
factional differences, are they not?—A. I believe they are, hut the silver question 
has in many instances so changed people’s party allegiance that before I would pos¬ 
itively assert what a man’s opinion was I would like to ask him. 

Q. You are personally acquainted with the three gentlemen constituting the board 
of supervisors of Charleston, are you not?—A. I am, of the present board. 

Q. You will not, by even intimation, question the soundness of their Democracy?— 
A. I think 1 would of one, possibly more. 

Q. In what respect as to line of policy or party principles?—A. I think the prin¬ 
ciples and policy of a party are the same. I think factional supremacy within the 
party governs the board far more than the general supremacy of the party; that is, 
their individual interests govern. 

Q. You will not deny that suppression of the negro vote is a common cause of the 
Democratic factions?—A. The suppression of the ignorant vote is what I have always 
held as the proper policy for the party to pursue. I consider an educational qualifi¬ 
cation as absolutely necessary to secure good government in any country that has 
universal suffrage. 

Q. Then you are not in accord with the agreement made by leading Democrats, 
previous to the constitutional convention, that no illiterate white man should be 
disfranchised, which is a matter of constitutional record? 

(Counsel for coutestee objects to counsel for contestant stating as facts things that 
have not been proved and for the proof of which no evideuce has been put up.) 

A. I know of no authority delegated by myself or any other Democrats to any lead¬ 
ers of the party to make such a statement. 

Q. Such statements were made, were they not, by leading Democrats?—A. I saw 
such statements in the newspapers, but who made them I do not know, or if they 
were made at all. 

Q. You did not, as a business and active party man, follow the proceedings previ¬ 
ous to and during the constitutional convention?—A. I took an active interest in the 
selection of delegates from this county to that convention, and a very excellent del¬ 
egation was sent. I read accounts of the convention from day to day just as I do 
other general news. 

Q. You know the spirit was made manifest in those proceedings, that no white 
man should be disfranchised, except for crime?—A. If I understand correctly, the 
result of that constitutional convention, there is no distinction between white and 
black. The same restrictions apply to both. 

Q. Is that restriction carried out in the appointment of commissioners and man¬ 
agers of election, or did the Republicans have any representation on the several 
boards, or any of them?—A. I had nothing to do with the appointments, and am 
unable to say on that point; but I do know that the board of registration refused 
registration to a number of white men. 

Q. Will you name some of those white men?—A. I can not name them. They 
were not registered, simply because they were white men, although they had at 
other times had no trouble. They were required to produce their naturalization 
papers before they could register, and the fact of their being white men did not 
carry them through of itself without the production of their papers. 

Q. You are yet a member of the Democratic organization, are you; and if so, 
what position do you occupy?—A. I am a member of the city Democratic executive 
committee. 

Q. The candidates for managers, in every election, are either named or the list 
of them scrutinized by your committee, are they not?—A. It is the custom all over 


358 


MURRAY YS. ELLIOTT. 


the country that parties suggest names for managers all over the United States, 
and the custom is the same here. 

Q. The custom is here that all persons named are, are they not?—A. I can't say. 

Q. You will not deny it positively?—A. 1 think the greater part of them are, but 
I can not say positively. I have often found them when they were not. 

Q. Can you name any other than Democrats who acted as commissioners or mana¬ 
gers of election in the iast election?—A. I am not a member of the county executive 
committee, and therefore I have not the knowledge necessary to give an answer. 

Q. From your direct testimony it has been discovered that there was much oppo¬ 
sition to Mr. Elliott in his own party?—A. The ardent Tillmanites were opposed to 
Mr. Elliott on account of his financial views. 

Q. Are you related to Mr. Elliott?—A. I am not. 

Q. You are very closely connected with him socially?—A. I can’t say that I am; 
I know him very well but see very little of him, and am not connected with him 
at all. 

Q. Those Democrats who voted for McKinley did it more in opposition to the 
financial policy of their party, did they not?—A. There are a great many Democrats 
here who believe in mild protection, provided the South gets its share. They objected 
to the attack on the Supreme Court which was in Bryan’s platform. 

Q. When it came to voting for Congressmen the Sound Money Democrats main¬ 
tained their party identity in voting for Mr. Elliott, did they?—A. I believe they did. 

Q. Were not the Conservatives at one time as much anxious to secure the negro 
vote as the Tillmanites were?—A. All parties are glad to get all the votes they can. 
The only time there was a fight the Tillmanite party controlled the colored vote 
here and would have had a very small vote without the colored voters. I believe 
that the lines were drawn so tightly on the silver question that Governor Evans, if 
he could have brought about the defeat of Elliott through managers and in such 
ways, he would have done so. 

Q. Then the election or defeat of Colonel Elliott depended largely on the appoint¬ 
ment of managers, did it?—A. I did not say so. I said I believed the governor 
would have done anything in his power to defeat Elliott. If there was any favorit¬ 
ism at all showed in the managers he would not have given it to Colonel Elliott if 
he could have done it. 

Geo. B. Edwards. 

Sworn to and subscribed before me this 20th of March, 1897. 

[l. s.] Edward F. Mayberry, 

Notary Public, South Carolina. 

At this point the examination of witnesses was adjourned until 10 a. m., Monday. 
March 22, 1897. 

[l. s.] Edward F. Mayberry, 

Notary Public, South Carolina. 

Pursuant to adjournment, the examination of witnesses was resumed at 10 a. m., 
March 22, 1897. 

Present: W. Turner Logan, attorney for contestee, and W. F. Myers, attorney for 
contestant. 

W. J. McMAHON, being duly sworn, says: 

Q. Give your name, age and residence.—A. W. J. McMahon; age, 22; reside at 25 
John street. 

Q. Where were you and in what capacity were you acting on the 3d day of Novem¬ 
ber last?—A. I was at precinct 1, Ward 7, acting as manager of election at the 
Federal poll there. 

Q. As such manager did you receive any instructions from Mr. J. H. Thayer, chair¬ 
man of the board of Federal commissioners for Charleston County, relative to the 
counting of the ballots?—A. Yes; he told us when he came up in the morning posi¬ 
tively to allow at least two men inside to watch the count, from the opposing sides. 
These instructions were complied with. When the polls closed Mr. Smith went out¬ 
side and told a fellow by name of Cuthbert to come in and bring a friend with him 
to witness the count. When the count was over, this same fellow, Cuthbert, said: 
“ Gentlemen, I appreciate it very highly,” and asked us for our names. We told 
him. He said at the next Republican meeting that he would mention it, how well 
he was treated at the poll. Just before the closing of the poll, Mr. Murray came up 
and was talking with Cuthbert—Mr. G. W. Murray, I mean—and when' Cuthbert 
came in to witness the count he said he had been talking with Murray and had told 
him that he had been treated all right. 

Q. Was Cuthbert close enough to see all that went on?—A. Yes. He was there all 
day with a table, and could look right in and see us. During the count he stood ri^ht 
up by the box and watched it with his friend. 

Q. Did you ever tell Cuthbert when he asked to witness the counting of the bal- 


MURRAY YS. ELLIOTT. 


359 


lots, or Smith asked him, that he should not come in?—A. No, sir. We were in¬ 
structed by Mr. i'hayer to allow two men from the opposing side to come in. and 
could not go against those instructions. 

Q. Did you ever tell Cuthbert that Mr. J. W. Barnwell said that no one should 
witness the count except the managers?—A. No, sir; Mr. Barnwell gave us no instruc¬ 
tions at all and I never saw him near our poll. He was at the State poll once, get¬ 
ting out of his carriage. 

Q. Do you know whether or not Mr. Barnwell had any right to give instructions 
at your poll ? A. I know he did not have any right to give instructions at our poll. 
If he had given any we would not have obeyed them, for we were subject to instruc¬ 
tions irom Mr. lhayer, the chairman of the board of Federal commissioners. 

Q. Were Cuthbert and his friend who witnessed the count white men or colored?— 
A. Colored men. I didu t know their politics, but irom all accounts I think they 
were Republicans. 

Cross-examined by W. F. Myers, Esq.: 

Q. During the counting of the votes how many men were in there outside of the 
managers?—A. Two outside of the managers, and I think there was another fellow, 
too, who came in with Cuthbert and his friend. 

Q. Do you know the name of the other man?—A. No. 

Q. Was he white or colored?—A. Colored. He was standing right behind Cuth¬ 
bert, and Cuthbert’s friend was tallying. 

Q. The Democrats had none outside of these managers and clerk to witness the 
count?—A. No, sir; I guess they were more interested in the State box. 

Q. The managers and clerk were all Democrats?—A. I do not know. 

Q. Have you not associated with them?—A. Only one of them. 

Q. Are you a Democrat?—A. I will not say. 

Q. You belong to the Democratic club of your precinct, don’t you?—A. I will not 
say; I refuse to answer. 

Q. Are you ashamed to acknowledge your membership in the Democratic organi¬ 
zation?—A. I am not ashamed to do anything; it is my own business. 

Q. Did you vote for Mr. Elliott?—A. That is my own business; I vote to suit 
myself. 

Q. Will you swear that you were not advised before getting on the stand not to 
answer certain questions?—A. I will swear that I was not; I do not need to be 
advised. 

Q. Who informed you that you had been appointed a manager?—A. The chairman 
of the board of Federal commissioners. 

Q. Were you not at the meeting of your club when names were considered for 
appointment as managers?—A. I was not there. No names were considered for 
appointment as managers. 

Q. Do you deny that the citizens associated with you as managers are Democrats?— 
A. I don’t know what they are. I refuse to answer about myself and consider it a 
personal privilege. 

Q. What year were you boru?—A. In 1876. I should have said 1875. 

Q. What position does Mr. Barnwell hold in the Democratic party?—A. Through 
what I see in the papers, 1 believe he is county chairman of the county executive com¬ 
mittee. 

Q. How far was it from the entrance of the pen or barrier to where the box rested?— 
A. I don’t know; I did not measure it. 

Q. Was it 15 feet?—A. I don’t know. 

Q. With the three managers and clerk who conducted the election it was not neces¬ 
sary to call outside Democrats to witness the count, was it?—A. I did not see any 
around on the outside when we went to count. If they had been there they would 
have come in. We were told to give representation to both sides. 

Q. How do you know Mr. Barnwell had no right to give you instructions that day ?— 
A. Because he was not a Federal commissioner and had no more right than you or 
any other citizen to instruct us. 

Q. After your appointment as manager and before the poll was open on election 
day, did you not have a conversation with parties with reference to the conduct 
of "the election?—A. No; I did not. I was notified to come down for boxes and get 
instructions. 

Q. Did you go down?—A. No; I did not go down. 

Q. How many times have you served as manager of election?—A. Once before this 
last election. It was a primary, in the same year; served no other time. 

Q. Did you not have in the polling booth Colonel Elliott’s tickets that day?—A. 
No, sir; they were outside, on a table, and we would not allow any to come on the 
inside. 

Redirect by Mr. Turner Logan, Esq. : 

Q. Do you know anything as to the character of Jack Cuthbert, the witness who 
testified on behalf of Murray ?—A. From all accounts, I know that he is a liar. I 


360 


MURRAY VS. ELLIOTT. 


have seen him intoxicated; and he lies when he says he was not inside witnessing 
the count. He looked as if he were under the influence of drink on the day ot the 
election. I have seen him drunk since that time. 

Q. Do you recollect whether Mr. Ingram White witnessed the count ot the bal¬ 
lots on behalf of Mr. Elliott?—A. I don’t know. I was busy, and he may have been 
there; I don’t know for certain or not. 

Recross-examined by W. F. Myers, Esq. : 

Q. Are you intimate with the habits of Cuthbert?—A. I am not. I see him around 
when 1 go to work, on the corner of John and Elizabeth streets, in that shop. 

Q. You take a drink sometimes, don’t you?—A. I take beer sometimes, but have 
never taken whisky but once or twice, and was never under the influence ot liquor. 

W. J. McMahon. 

Sworn to and subscribed before me this 22d day ot March, 1897. 

r Lt Si ] Edward F. Mayberry, 

Notary Public, South Carolina. 

At this point the examination was adjourned until 10 a. m., March 23, 1897. 

£ L> s.j Edward F. Mayberry, 

Notary Public, South Carolina. 

Pursuant to adjournment, the examination of witnesses for contestee was resumed 
at 10 a. m., March 23, 1897. 

Present: W. Turner Logan, attorney for contestee, and W. F. Mvers, attorney for 
contestant. 

JAMES REEDY, being duly sworn, says: 

Q. Give your name, age, and residence.—A. James Reedy; age, 40; reside at 221 
King street; am a furniture dealer, and do the oldest installment business in the 
city, and have more mortgages recorded than any other house. 

Q. Have you taken an active interest in politics in Charleston ?—A. Yes. 

Q. Do you know whether or not there was not a strong factional feeling among 
the Democratic party at the time of the last Congressional election, and for some 
time before that period?—A. Yes, sir. 

Q. Was that strong enough to obliterate feeliug between Republicans and Demo¬ 
crats?—A. The strongest feeling was between the Reformers and the regular Demo¬ 
crats. The Republicans were not known in the opposition at all. 

Q. Were you familiar with proceedings at registration office?—A. Yes; I was there 
time and again, very often. On one occasion there an Italian was arrested for ottering 
to register without having naturalization papers. He told the supervisors that he 
already intended to become a naturalized citizen. They had him carried to the 
guardhouse. I stood his bond, and his examination was to come off at 11 o’clock 
before Magistrate Rouse; none of the supervisors came to prosecute him. I got his 
naturalization papers out, took him over to register, and when we went in a colored 
man was signing his name. They registered him. This man Bollo, the Italian, 
signed his name. Then they gave him a paragraph in the constitution to read. He 
said he could not read it in English, but could in Italian, and they refused to register 
him on that account. I showed the supervisor his naturalization papers, and he 
asked me if I was dictating to him in uis office. Some angry words passed, and they 
got me out of there. 

Q. To what faction did the majority of the board of supervisors belong?—A. To 
the Tillmauite or Reform faction. 

Q. Do you know who appointed them ?—A. Gov. John Gary Evans appointed them. 

Q. Was he not opposed to Colonel Elliott?—A. Y r es. 

Q. The two Reformers on the board—the majority of it—then, were opposed to 
Colonel Elliott?—A. Yes. 

Q. Hadn't the colored voters voted with Tilimanites in the municipal campaign?— 
A. They had. 

Q. It would have been the interest of the supervisors to have registered as many 
colored voters as possible, would it not?—A. Yes. Some of the Reformers told me 
that they had counted on the colored men as their allies. 

Q. Did you ever know of any colored men ever having been arrested while trying 
to register? —A. No. I was around the office every day, and know it for a fact that 
they were not. 

Q. Any white men?—A. Oh, yes. I knew another man by name of Skeely, having 
gone on his bond. 

Q. Were they prosecuted?—A. I think they were only arrested to intimidate them, 
as no one ever appeared to prosecute them. 


MURRAY VS. ELLIOTT. 


361 


Cross-examined by W. F. Myers, Esq.: 

Q. The differences between the Conservatives and the Reformers were within the 
Democratic organization, and did not relate to general politics, did they?—A. I don’t 
understand the question. 

Q. Notwithstanding the factional feelings you speak of, the plain circumstances 
of which you are unable to understand, don’t you know that all Democrats who 
' oted at all in the last election voted for Colonel Elliott?—A. Yes; I think they did, 
or have reasons to believe they did. 

Q* Where does the Italian, Hallo, live?—A. Somewhere in Gadsden Green. 

Q. Did he subsequently get his registration ticket and vote?—A. I don’t know. 

Q. Did the other white men you saw arrested or rejected ever get their certificates 
subsequently?—A. I don’t, know. 

Q. \ou can not testify that these men you saw rejected at the registration office 
did not vote on election day?—A. No, sir; I don’t know; I was in Ward 4, and the 
Italian lived at Gadsden Green, and I was in a different part of the city; I don’t 
know about Skelly either, because he lived in a different ward. 

Q. While the supervisors, or a majority of them, were Reformers, were they not all 
supporters of Colonel Elliott for Congress?—A. I don’t know; I doubt that man 
Mott, and don’t know that he is a supporter of Colonel Elliott; he was chairman of 
the board. 

Q. Who of the Tillmanites told you that they were counting on the colored voters 
as their allies?—A. Milan, and a crowd I met up King street one Saturday night. 

Q. Was he an officer in the party, or in any way authorized to speak for the Till¬ 
manites?—A. No, sir; only an uptown politician. 

Q. Is that the only one you ever heard?—A. There was a crowd up there. 

Q. Did not the Regulars or Conservatives make overtures for the colored votes, or 
were they not charged with doing so at some period?—A. If they did, I knew noth¬ 
ing about it. 

Q. Are you a member of any club or an officer thereof?—A. I am a member of the 
county Democratic committee. 

Q. In what capacity did you act on election day?—A. I acted in no official capac¬ 
ity ; was just as any ordinary citizen. 

Q. How many times during election day did you go in and out of the h’ederal 
booth?—A. Once; to vote. 

Q. The managers at your poll were all Democrats, were they not?—A. I believe so. 

Q. How many white men do you know of who were rejected by the supervisors of 
registration?—A. I don’t know how many. 

Q. Have you ever acted as a manager of election?—A. Yes; about three times, I 
think. 

Q. Will you give me the name of Milan, and his residence?—A. I don’t know where 
he lives; I think he has gone to Greenville since Donovan was defeated. They call 
him Ed. Milan. 

James Reedy. 

Sworn to and subscribed before me this 23d day of March, 1897. 

[l. s.] Edward F. Mayberry, 

Notary Public, South Carolina. 


D. E. BEAN, being duly sworn, says: 

Q. Give your name, age, and address.—A. D. E. Bean; age, 30; address, Sullivans 
Island. 

Q. Where were you and in what capacity were you acting on the 3d day of Novem¬ 
ber last?—A. I was at corner of America and Cooper streets, acting as manager of 
election at the Federal poll there—of the second precinct, Ward 9. 

Q. Did you receive any instructions to allow representatives of the different sides 
to see the count?—A. I received instructions from Mr. Thayer to allow a man from 
each side, or as many as I felt disposed, to come in. In the morning we opened the 
polls. Joe Coal was outside; was a colored man. I opened the box and showed 
them that it and also the other box was empty. I told them they could appoint one 
man to come inside and watch the vote. One man stayed in there all day, watching— 
first one colored man and then another. When the polls closed I allowed two men 
to come in and see the count. The two were colored men. There were several others 
on the piazza looking through the window. 

Q. One Joshua E. Tentim, a witness on behalf of G. W. Murray, testified that there 
was a discrepancy between the number of names on the poll list and the number of 
ballots in the box. Was that true?—A. There was perfect agreement between the 
ballots and the poll list. They tallied exactly. These colored meu expressed them¬ 
selves as perfectly satisfied with everything that went on. They leaned right up 
over the box during the counting. 


362 


MURRAY VS. ELLIOTT. 


Cross-examined by W. F. Myers, Esq.: 

Q. How many witnessed the count outside of the managers? A. there were two 
colored men and several others. One of the colored men tallied and the other looked 

in the box. , 

Q. How near were these colored men to the box?—A. They were right at the box; 
as close as they could get. They were as close as I was. 

Q. No others were invited in to witness the count but these two?—A. There were 
others around, but they seemed to be the only ones that wanted to see it. They 
were the only ones who came in when I said i would allow two to come in. 1 he 
piazza was tilled before we were through. 

Q. The managers at that poll were all Democrats, were they not ?—A. I don’t know. 
1 have belonged to both Democratic and Republican clubs, and have been a delegate 
to a Republican convention. I am a Democrat, but voted for McKinley on account 
of the free-silver agitation. He is not the only Republican I have voted lor. 

Q. Did you vote for Elliott?—A. I will not say. 

Q. You are now a member of a Democratic club?—A. I have given politics up alto¬ 
gether. The last club I joined was a Republican club. 

Q. What was the name of the Republican club?—A. It was the u Progressive 
Republican Club.” I was not the only one; there were several of ns. 

Q. When and where did you receive instructions from Mr. Thayer about allowing 
witnesses to the counting?—A. At the Hibernian Hall, when I got the boxes. 

Q. The managers for the city had a general meeting at the Hibernian Hall that 
night, did they not?—A. Not to my knowledge. 

Q. Who were the other managers at your poll?—A. One fellow by name of J. J. 
Howard, and the other man’s name I do not recall. 

Q. How long have you lived in Ward 9?—A. Five or six years, or possibly seven. 

Q. J. J. Howard is known in your ward to be a Democrat, is he not?—A. I don’t 
know; I judge he is a Democrat. 

Q. The man whose name you do not know or have forgotten is a Democrat also, is 
he not?—A. I don’t know. 

Q. Tickets used in our election are so much alike that they can only be designated 
by the names on them, are they not?—A. I think it is the managers' place to read 
the name always on a ticket. I have never noticed particularly; they seem to be of 
a like paper. I couldn’t say whether they were so much alike or not. I could not 
tell by looking at their backs. 

Q. Will you give the names of the colored men who were invited to witness the 
count?—A. I don’t know. 

D. E. Bean. 

Sworn to and subscribed before me this 23d day of March, 1897. 

[l. s.] Edward F. Mayberry, 

Notary Public, South Carolina. 


W. J. MOTT, being duly sworn, says: 

Q. Give your name, age, and address.—A. W. J. Mott; age, 46; live in St. Philips 
Parish, on the Meeting Street road. 

Q. What political position did you hold under the registration law of 1895?—A. 
I was chairman of the board of supervisors of registration for Charleston County. 

Q. State whether as such chairman you ever gave any order to the policeman who 
was stationed at the door of the registration office that he should form two lines of 
applicants.—A. I did not. 

Q. Did you ever receive any complaints from any colored persons as to the for¬ 
mation of the lines?—A. I cau not say the complaint was from a colored person. 
There was some complaint to the board about two lines. When it was called to my 
attention, I ordered the policeman to form all applicants into one line, and let first 
come be the first served. 

Q. Will you state what was the method of conducting the registration?—A. The 
board of supervisors were at a desk in the supervisor’s office and a policeman sta¬ 
tioned at the door to keep order. We would admit from two to three applicants at 
a time, according to as many of the board as were writing. Soon as the applicants 
came in, if they were well known as intelligent persons, and had their poll-tax 
receipts, as required by law, they were registered, without any questions as to 
whether they could read or write. This was done with both white and colored 
persons. If 1 did not know them to be intelligent, I asked them to read a section in 
the constitution. If they could not read, I then asked them if they could explain. 
Some would say yes and some would say no. The question was asked if they wished 
the board to read for them. If they could read or explain, they were registered ; if 
they could not comply, they were rejected. 

Q. If an applicant was found to be able to read, was he ever asked in addition to 
explain also or to pronounce?—A. Not when he could read correctly. Some claimed 
they were reading when they were making no sense at all. 


MURRAY VS. ELLIOTT. 


363 


Q. Will you state why it was that colored applicants were sometimes detained in 
the office longer than white applicants, and some colored applicants longer than 
others? A. As far as the colored men went, I know of no detention. We had appli¬ 
cants of each color whom we gave more time to try to qualify themselves. I think 
I gave some applicants lilteen or twenty minutes to try in, so that they would not be 
rejected. 

Q. A colored man, fred E. Rhames, a witness on behalf of G. W. Murray, testified 
that he was in the registration office from 10 o’clock until half past 12 trying to 
obtain a registration ticket, and during that time eight white men were allowed to 
register, while no attention was paid to him. Is that true?—A. I do not know 
Rhames. No man remained in that office without attention any longer than those 
who were being registered were given a registration ticket or were rejected, unless 
he was trying to qualify himself by reading the constitution. 

Q. S. Green, a bricklayer, who resided at 22 H street, a witness on behalf of G. W. 
Murray, testified as follows: “I tried to register. They gave me the constitution 
and I read it, and he said, ‘Old man, you read very well.' He asked me one ques¬ 
tion and I told him that, and he said to me,‘I have not got time now.’ * * * Then 
he rejected me and I came out.” Do you know anything of that?—A. That is not 
the truth, as far as I know. 

Q. When an applicant was refused registration on his first application, was he ever 
allowed another opportunity to register?—A. Yes. Three and four different times 
some of them would come in, and I have registered some on their third or fourth 
application. Some, on their first appearance, would seem very nervous and excited. 
I would talk to them and ask them why they were nervous. They would say they 
could not help it. On their second or third trial they would seem composed and 
would be able to comply. 

Q. Were there ever any prominent colored persons around the registration office 
during the registration?—A. Yes. I saw Mr. Purvis around the office on different 
occasions, and one Sanders on several occasions. 

Q. Did any of those colored persons ever make any complaint to the board as to 
the methods of the registration officers in carrying out the law?—A. No complaint 
was made to the board. 

Q. A colored man, George Moses, a witness on behalf of G. W. Murray, testified as 
follows: “ I told them that I came to register. He asked me if I could explain the 
constitution if it was read to me. I told him to go ahead and try. He asked me 
what was the meaning of perjury. I told him when a man swears to a lie on a man 
or any person. That was right. They asked me to tell what was the meaning of 
forgery. That was a man who used a man’s name without his consent. ‘That’s done 
pretty well,’ he said. They then asked me if I could write my name, and I did write 
it. ‘ Come back most any time; you can get yours most any time; we are in a little 
hurry to day. 7 And I went back, and kept going; and every time they were in a 
little hurry. The last time I went back they said they were in a little hurry. ‘We 
don’t want any trouble to-day. I know you, my boy. 7 ’ 7 And this witness stated 
further that he went up there five or six days right after another. Is that true?—A. 
No such talk as that ever occurred in the registration office in my presence, and I 
believe it to be untrue. 

Q. Were any appeals ever served on your board by any rejected voters?—A. None 
whatever. 

Q. Will you tell me what this is? [Counsel hands witness a paper.]—A. It is a 
certificate of the clerk of court that no appeals were taken from my board. 

(Certificate is put in evidence and marked “Exhibit C. 77 ) 

Q. Will you state whether two members of the board of registration were stationed 
at the court-house on the day of the election for the purpose of correcting any cleri¬ 
cal errors that might have been made in the registration certificates?—A. On the 
day of election I myself and another member of the board remained at the court¬ 
house for the purpose of correcting any clerical errors made by the board of super¬ 
visors of registration, and did correct all errors that were brought to our attention. 

Q. Mr. Mott, will you state how notice was given as to registration at the various 
country precincts outside of the city of Charleston?—A. Notice was given through 
the papers—through the Daily Sun, I think—that the board would be at Sullivans 
Island one day, at Mount Pleasant one day, at James Island one day, Johns Island one 
day, Wadmalaw Island one day, and so on. Each parish or island was mentioned for 
one day, giving the dates that the board would be at these islands or parishes. 

Q. Would you mention any special places in these notices, or just that you would 
be on the island?—A. Just that we would be on the island. On the arrival at the 
islands we found a notice stuck up on trees stating the appointment that Mr. G. W. 
Murray would address the people at certain places on each island; also stating that 
the board of supervisors of registration would be at the same places mentioned on 
certain dates. 

Q. Charles Robinson, a witness who was examined at Enterprise on behalf of 
G. W. Murray, testified as follows: “A big crowd met at Enterprise to get regis- 


MURRAY VS. ELLIOTT. 


3fi4 

tered, and when they found that the place of registration had been changed to 
Harry Jenkins’s store, about 4 miles away, they went there and tried to register. 7 ’ 
Hid the supervisors name Enterprise as the place they would be at on Wadmalaw, 
or was this a mistake, and others similar to it, caused by G. W. Murray having 
stated in his notices as to where he would speak that the board of supervisors would 
also be at the same place?—A. The supervisors only said that they would be on Wad¬ 
malaw Island. On our arrival there one Mr. Shaffer offered to take us to the center 
of the island where applicants were in waiting, which was the most convenient 
place. The mistake as to the place of registration was not the fault oi the board, 
but was a mistake of Murray’s. Applicants came there that day from Enterprise 
and registered. 

Q. Any mistake, then, as to the place of registration at any of the country pre¬ 
cincts was not the fault of the board of supervisors, but was caused by Congress¬ 
man Murray having stated in the announcement of his addresses that the board ot 
supervisors would be at the same place?—A. There were no mistakes made. If any 
were deceived, they were deceived by the notices of Murray, for we did not make any 
mistakes. On Edisto Island we held the registration at the place designated on 
Murray’s notice, being centrally located and accessible to the board. On these 
islands the board was not acquainted with the territory, and tried to do justice to the 
applicants from the best information we could receive after arriving on the grounds. 

Cross-examined by W. F. Myers, Esq.: 

Q. The two lines of applicants, one for white and the other for colored, were main¬ 
tained from the opening to the close of registration, were they not?—A. We had no 
two lines established. 

Q. In appealing from the decision of the registration board the process costs some¬ 
thing, does it not?—A. I don’t remember the law on the subject. 

Q. The appellant would have to employ a lawyer to file his plea, wouldn’t he?—A. 
I suppose so. 

Q. Were you at the office every day or period of the day during the time fixed for 
registration?—A. I think I was absent at times, twice during sickness. 

Q. Can you state how many days?—A. Three days, I think, one time, and one day 
the other. 

Q. Under the laws and constitution supervisors have large discretionary powers 
in passing on the qualification of applicants?—A. We have. 

Q. Can you state how many applicants were rejected by your board?—A. I can 
not. 

Q. How many whites?—A. I can not. 

Q. The islands mentioned by you are very large in territory and population, are 
they not?—A. I only visited the islands once, and that was at the time of registration. 

Q. Is there not an established and well-known point on each of these islands 
where public gatherings are held and public business attended to?—A. There seems 
to be more than one public place on each of these islands, from the information the 
board could gather. We were informed that the places where we held the registra¬ 
tion were where the tax collector always collected the taxes. 

Q. The notices you spoke of as given out by Mr. Murray did not have dates con¬ 
trary to those fixed by your board for the several points?—A. The dates were the 
same. 

Q. Is not the Sun an afternoon paper in the city of Charleston with only local cir¬ 
culation?—A. It is an afternoon paper; I can not say as to its circulation. 

Q. Have we not a morning daily in the city of large circulation?—A. Yes. It 
would not publish the notice unless we became responsible for the charges, and the 
Sun would do so. 

Q. Such contracts are generally paid for by State or county funds, are they not?— 
A. No appropriation is made by the State, and our county supervisor would give us 
no satisfaction about paying the bills of the registration office. We had to take 
money out of our own pockets to pay express charges on blank books sent us by sec¬ 
retary of state. Our political views did not suit the legislature, being of the other 
faction of the Democratic party, and it made no appropriation to reimburse us. The 
registration office had its worst trouble with the two factions of the whites. 

Q. Why was it found necessary or jiroper to give only one day at the precincts 
outside of and distant from the city of Charleston?—A. The law only required us to 
serve one day, and to get the rounds of the county in time to open the office at the 
county seat, was the main reason. 

Q. It is possible that the witnesses whose testimony was quoted to you, applied 
during your absence, is it not?—A. Some might. It is not probable that they all 
would 

Q. At what particular point did you see the Murray notice in reference to regis¬ 
tration?—A. On Johns Island, at Johns Island Ferry; on Edisto Island, at the place 
we held open the office. 


MURRAY VS. ELLIOTT. 


365 


Q. While there were differences in the Democratic party, both factions supported 
Colonel Elliott for Congress, did they not?—A. Asa general rule, I believe they did, 
but I know of exceptions. 

Q. The factional disputes were more over State and county matters, were they 
not ?—A. I think national politics were as much as State politics in dispute. The 
differences originated in county and State, but in the last election I think the 
national election divided the white people into factions in Charleston County. 

Q. These factional differences had no influence over the board of supervisors, in 
the issuance of registration certificates, had they?—A. Only so far as keeping down 
any fraud from being committed, which we did detect, more or less. We had the 
parties arrested and prosecuted, as far as we were able to do so. 

Q. Can you name any of those prosecuted parties?—A. One was named Barry, and 
two others, whose names I can not recall. 

Q. The factional differences in the Democratic party did not govern the board in 
passing on the qualification of colored applicants, did they?—A. No. 

Q. James Reedy, who testified in this reference, when asked if he knew the poli¬ 
tics of the members of the board of supervisors, and if they did not vote for Colonel 
Elliott, said he had his doubts about one Mott; there is no question about your 
being a Democrat, is there?—A. I am a Free-Silver Democrat, and could not support 
Colonel Elliott, being a single standard man, for Congress. 

Q. Then you supported no candidate for Congress from this district?—A. That is 
correct. 

Q. You made no open opposition to Colonel Elliott’s candidacy, did you?—A. I 
was not active in the campaign, as Colonel Elliott was a Gold Standard Democrat 
and Murray was a Republican. 

Q. As between Colonel Elliott and Mr. Murray you no doubt accepted the former 
as the lesser of the two evils, and so governed yourself in the administration of 
your office, did you not?—A. I have never met Colonel Elliott nor Mr. Murray. At 
the time of holding the registration they were not considered in my mind as regarded 
the registering of applicants in the office. 

Q. Your colleagues on the board of supervisors are Democrats, are they not?— 
A. They are. 

W. .J. Mott. 

Sworn to and subscribed before me, this 23d day of March, 1897. 

[seal.] Edward F. Mayberry, 

Notary Public, South Carolina. 

Exhibit C. 

State of South Carolina, Charleston County: 

I hereby certify that no appeals have been filed in this office from the action of 
the board of supervisors of Charleston County in refusing registration to any 
person. 

March 23, 1897. 

[seal.] Jno. M. Kinloch, C. P. G. S. 

At this point the examination adjourned until 10 a. m. March 24, 1897. 

[seal.] Edward F. Mayberry, 

Notary Public, South Carolina. 

Pursuant to adjournment the examination of witnesses for contest e was resumed 
at 10 a. m. March 24, 1897, before Edward F. Mayberry, notary public. 

Present: W. Turner Logan, attorney for eontestee, and W. F. Myers, attorney for 
contestant. 

WILLIAM AIKEN KELLY, being duly sworn, says: 

Q. What is your name, age, and address?—A. William Aiken Kelly; age, 56; 
address, 177 Wentworth street. 

Q. What official position do you occupy in the city of Charleston ?—A. I am city 
assessor. 

Q. As such official you are familiar with the license tax assessed against all per¬ 
sons doing business in the city of Charleston, are you not?—A. I am. 

Q. James Rivers, jr., age 26, a witness in behalf of G. W. Murray, testified that he 
was a merchant; that he kept a wood yard, and paid a license of $44.33. Do you 
know whether this is a fact or not?—A. There is no such name as James Rivers, jr., 
appearing on the records of mv office, doing business in such name, or reported as 
being liable for any license tax*. It is my duty, under the license ordinance of the 
city, 5:0 classify and assess licenses against all parties doing business in the city m 
the name of such parties carrying on business. I mean the parties responsible for 
the business, and not their agents or representatives. 


MURRAY VS. ELLIOTT. 


366 


Q. Do you know any other person of the name of James Rivers'?—A. I do. We 
had the name of James Rivers, who had been reported and known to me as the father 
of James Rivers, jr., who is recorded on the books at my office as residing at No. 39 
Cedar street, commonly called “ Cool Blow,” where he carries on the business ot a 
dealer in wood—a small dealer. Fifteen dollars is the license of a small dealer in 
wood. We have also another license for a regular wood yard, which is $30, but $15 
is the regular license for a small dealer. The $15 means a license applied lor and 
taken out without any execution papers being issued. 

Q. James Rivers, jr., then, paid no license tax himself?—A. No, sir. 

Q. And his father only paid the license of the smallest class of dealers in wood?— 
A. His father did not comply with the license ordinance in making the regular appli¬ 
cation for license, though repeatedly notified to do so. Under the license ordinance 
I assessed him as a dealer in wood $15, adding 50 per cent penalty thereto, as pro¬ 
vided by the ordinance, and turned same over to the city treasurer to be executed 
by the sheriff. I can not say now whether it has been paid. 

Cross-examined by W. FI Myers, Esq.: 

Q. Your references are only for the present license year?—A. No; they are for the 
year 1896. I can testify as to others if you desire. 

Q. Including the 50 per cent penalty treasurer's and sheriffs costs, what would be 
Rivers’s liability ?—A. I can not determine that. I only know the amount as it leaves 
my office, which is the regular license with 50 per cent added. I know there is a 
sheriff’s commission and costs which are added when the execution is made by the 
sheriff. 

Q. Is the license tax year the same as the calendar year?—A. Yes; from January 
1 to December 31, each year. 

Wm. Aiken Kelly, City Assessor. 

Sworn to and subscribed before me this 24th day of March, 1897. 

[l. s.] Edward F. Mayberry, 

Notary Public, South Carolina. 

J. J. KOOPMAN, being duly sworn, says: 

Q. What is your name, age, and address?—A. J. J. Koopmau; age, 38; reside at 
33 Amherst street. 

Q. What is your employment?—A. I am a policeman on the Charleston force. 

Q. Were you stationed at the registration office during the registration of citizens 
under the constitution of 1895?—A. Yes. 

Q. What were your orders in regard to your duties there?—A. They were to keep 
order there. 

Q. It has been charged by witnesses who testified on behalf of G. W. Murray that 
you were partial to white people in the execution of your orders; is that true?—A. 
That is not true. I did not let in two or three white people to one colored. 

Q. A witness, C. F. Cave, who resided at Five-Mile Curve, testified that you 
allowed seven white men to go in the registration office ahead of him. Is that 
true?—A. I did not; I let them go in according to their turn. If a white man was 
ahead he went in first; if a colored man was ahead he went first. 

Q. Who gave you the most trouble at the registration office?—A. The white peo¬ 
ple; I had no trouble whatsoever with the colored people. 

Q. From what class were the arrests made?—A. The arrests were all made from 
white people. 

Q. During the registration were there more white or colored applicants ?—A. There 
were more white applicants. 

Q. A witness, W. J. Fields, who resides at 323 Rutledge avenue, testified that the 
policeman stationed at the registration office would obstruct the passage of colored 
men from entering into the registration office as he would see fit, while the white 
jieople would be allowed to come into the room at the rate of about eight to every 
one colored man. Is that true?—A. That is all false; I never did anything of that 
kind while I was there. 

Cross-examined by W. F. Myers, Esq.: 

Q. Were you stationed at the registration office every day during the registra¬ 
tion?—A. Yes. 

Q. How many days were you absent or relieved by other policemen?—A. I 
couldn't say; not many days, though; very few. 

Q. Do you know C. F. Cave and W. J. Fields, whose testimony was quoted to 
you?—A. I don’t know them. 

Q. Applicants for registration could only enter into the registration office when 
you allowed them to, was that not so?—A. That was not so. They entered accord¬ 
ing to their turn. 


MURRAY VS. ELLIOTT. 367 

t co ^ orec *- applicants obeyed all your orders and directions, did they not?—A. 

1 liad no trouble with them. The only trouble I had was with the white. 

J. J. Koopmann. 

Sworn to and subscribed before me this 24th day of March, 1897. 

t L - s *] Edw ard F. Mayberry, 

Notary Public, South Carolina. 

At this point the examination was adjourned until 10 a. m. March 25, 1897. 

t L - Edward F. Mayberry, 

Notary Public, South Carolina. 

Pursuant to adjournment the examination of witnesses lor the contestee was 
resumed at 10 a. m. March 25, 1897, before Edward F. Mayberry, notary public, 
South Carolina. 

Present: W. Turner Logan, attorney for contestee, and W. F. Mvers, attorney for 
contestant. 

No witnesses appearing the examination was adjourned until 10 a. m. March 
26, 1897. 

C L * s -] Edward F. Mayberry, 

Notary Public, South, Carolina. 

Pursuant to adjournment the examination of witnesses was resumed at 10 a. m. 
March 26, 1897. 

Present: W. Turner Logan, attorney for contestee, and W. F. Myers, attorney for 
contestant. 

No witnesses appearing the examination was adjourned until 10 a. m., March 
27,, 1897. 

l l -S.] Edward F. Mayberry, 

Notary Public, South Carolina. 

Pursuant to adjournment the examination of witnesses was resumed at 10 a. in., 
March 27, 1897. 

Present: W. Turner Logan, attorney for contestee, and W. F. Myers, attorney for 
contestant. 

A. R. DENNIS, being duly sworn, says: 

Q. What is your name, age, and address?—A. A. R. Dennis; age, 49; address, 
Macbeths, Berkeley County. 

Q. What official position did you occupy during the registration of voters under 
the constitution of 1895?—A. I was chairman of the board of supervisors of registra¬ 
tion of Berkeley County. 

Q. As such officer did you attend the registration at Muster House }>recinct, and 
Henderson’s store?—A. i did. 

Q. Those were the two places at which registration was held for voters in the 
First Congressional district portion of Berkeley County, were there?—A. Yes. 

Q. Do you happen to remember how many applicants were rejected at Muster 
House precinct?—A. About 9, as well as I recollect. 

Q. There names were what?—A. Hercules Jones, Willie Simmons, William Keith, 
Caleb Brown, Ben Washington, Cyrus Turner, Sam Denmark, David Stewart, B. K. 
Washington. 

Q. How many at Henderson’s store?—A. Two. Tobias Smalls and Richard 
Thompson. 

Q. W. N. Keith, a witness on behalf of G. W. Murray, who testified at Mount 
Pleasant testified as follows, to the effect, that “he would not allow me to read by 
interrupting me and telling me to hurry up and go on. I told him I was not a lawyer, 
and how did he expect me to read law at first, sight. He said that was not his busi¬ 
ness; it was Mr. Dennis, who, I understood, was the registration officer. He told me 
there was no other chance for me at that time. I asked him if I could come to Monck’s 
corner and try it over, and he told me no.” Do you know anything about that?— 
A. No, sir; I remember no such conversation, and if any such had taken place I 
would have remembered it. 

Q. Had the officers plenty of time?—A. Yes; we were sitting there, most of the 
time, doing nothing, and had hours of time. 

Q. Were any appeals from the action of the board in refusing applicants for reg¬ 
istration served on the board of supervisors?—A. No, sir. 

Cross-examined by W. F. Myers, Esq.: 

Q. How many days were set apart at each precinct for the registration of voters?— 
A. The law said not less than one and not more than three; we had different num¬ 
ber of days at different places; one day at Muster House and two at Henderson’s 
store; of these two precincts, only, I am speaking. 


368 


MURRAY VS. ELLIOTT. 


Q. Did you servo the two days at Henderson’s store?—A. Yes. 

Q. Did your board give notice to the voters of those precincts that you would be 
there?—A. Yes; we advertised through the papers, just as the law requires, and 
gave notice other ways. 

Q. What paper, and how many times did you advertise?—A. In Berkeley News we 
advertised for three weeks, and also in the Summerville News, the two county 
papers. 

Q. Are they not weekly papers?—A. Yes; there are no dailies in our county. 

Q. Having had such a short time for registration at the precincts most of the 
voters had to go to the county seat during registration, did they not?—A. None 
came from the Muster House to the court-house at all. 

Q. How do you know that? Were you in attendance at the county seat every day 
during the registration there?—A. I was. I was in attendance every day that the 
books have been opened since the law was passed. I was not absent a single hour 
of the time. 

Q. What were the tests put by your board to the applicants?—A. Reading a sec¬ 
tion of the constitution. Whenever an applicant came we asked him whether he 
wished to read or explain, and we gave him the choice. 

Q. They had to explain to the satisfaction of the supervisors, did they not?—A. 
That is what the law says and that is what we required. All the applicants at the 
Muster House chose to read and none to explain. 

Q. The sections, as a general thing, are very difficult of explanation, are they 
not?—A. Some of them are. 

Q. The board had a right to select any section or sections they deemed proper, 
did they not?—A. The law says select a section from the constitution and submit it 
to the applicant. 

Q. Could you explain section 8 of article 1, declaration of rights, of the constitu¬ 
tion?—A. I object to any question of that nature and consider it out of place. 

(Counsel for contestee objects to the above question on the ground that it is 
totally irrelevant, the Avitness not being on the stand as an applicant for registra- 
tration, or having testified that he was refused registration because he could not 
explain.) 

Q. Could you explain that sectiou?—A. I refuse to answer the question; it has 
nothing to do with this matter at all. 

Q. Are you a Democrat?—A. I am. 

H. R. Dennis. 

Sworn to and subscribed before me this 27th of March, 1897. 

[l. s.] Edward F. Mayberry, 

Notary Public, South Carolina. 

At this point the examination was adjourned until 10 a. m., March 29, 1897. 

[l. s.] Edward F. Mayberry, 

Notary Public, South Carolina. 

Pursuant to adjournment, the examination of witnesses was resumed at 10 a. m.> 
March 29, 1897. 

Present: W. Turner Logan, attorney for contestee, and W. F. Myers, attorney for 
contestant. 

No witnesses appearing, the examination was adiourned until 10 a. m., March 30, 
1897. 

[l. s.] Edward F. Mayberry, 

Notary Public, South Carolina. 

Pursuant to adjournment, the examination of witnesses was resumed at 10 a. m., 
March 30,1897. 

Present: W. Turner Logan, attorney for contestee, and W. F. Myers, attorney for 
contestant. 

H. W. HENDRICKS, being duly sworn, says: 

Q. What is your name, address, and age?—A. H. W. Hendricks; age, 70: reside 
at Mount Pleasant. 

Q. Where were you on election day, November 3, last?—A. Mount Pleasant; acting 
as a manager of the Federal poll there. 

Q. Are you a Republican?—A. I am. 

Q. As a manager of election were you present and assisting in the counting of the 
ballots at the close of the poll?—A. I was. 

Q. Were you perfectly satisfied Avith the count?—A. I was perfectly satisfied. I 
assisted in counting the votes and taking them out of the box. 

Q. Was the place Avhere the Azotes were counted perfectly open, so that anyone 
could see inside?—A. The door on the northeast was open; the door on the southwest 
was open; the windoAv on the northwest was open, and the two windows on the 
street were open. 


MURRAY VS. ELLIOTT. 


369 


















Cross-examined by W. F. Myers, Esq.: 

Q. How near to any of these openings were the ballot boxes?—A. I suppose the 
farthest was not more than five feet; there was an open barricade, very open, which 
I looked after myself, at the request of Mr. Thayer, the chairman of the board; any¬ 
one could crawl through the barricade, and anyone could see in, on both sides. 

Q. No one was permitted to enter the barricade during the day except those who 
went to vote, were they?—A. None whatever. 

Q. Did any voters offer to vote that day and were they rejected?—A. Parties 
came up who were rejected, because they did not have the proper registration cer¬ 
tificates and poll-tax receipts; some had old registration certificates which were way 
back and not for that election, and some had only registration certificates or poll- 
tax receipts. 

Q. How is the present registration law regarded as to its restrictions and parti¬ 
sanship?—A. I can’t answer that; I am not posted and have not been in politics nor 
have I talked about it. 

Q. Do you not know that in its structure and execution a large class of voters in 
this State are discriminated against?—A. I cannot speak for the State; judging from 
the refusal of those parties at Mount Pleasant being not allowed to vote on account 
of not having the proper papers to entitle them to vote, I would judge so. 

Q. If all citizens of that precinct were allowed the proper exercise of franchise, 
Mr. Murray, the contestant in this case, would have received a large majority, would 
he not?—A. I can not answer that, for I can not tell how they would have voted until 
the ballots were counted. 

Q. Can you not make an approximation, based on the number voting and those 
rejected?—A. A larger number were rejected than wliat did vote; I couldn’t say how 
many. 

Q. Don’t you know that all or a larger number of those rejected would have voted 
for Mr. Murray if allowed to?—A. I do not; I had no intercourse with them. 

Q. Would you mind stating for whom you voted for Congress?—A. That is a pri¬ 
vate matter and I decline to answer. 

H. W. Hendricks. 

Sworn to and subscribed before me this 30th March, 1897. 

[l. s.] Edward F. Mayberry, 

Notary Public, South Carolina. 

At this point the examination was adjourned until 10 a. m. March 31, 1897. 

[l. s.] Edward F. Mayberry, 

Notary Public, South Carolina. 

Pursuant to adjournment, the examination of witnesses was resumed at 10 a. in., 
March 31, 1897. 

Present: W. Turner Logan, attorney for contestee, and W. F. Myers, attorney for 
contestant. 


W. J. MOTT, recalled, says: 

Q. Did the board of supervisors keep any record of the number of applicants who 
were rejected upon application for registration ?—A. Yes; we have a record of all the 
rejected applicants as well as those registered; it is now at the office; that record 
shows 1,029 rejected. 

Cross-examined by W. F. Myers, Esq.: 

Q. How many were registered?—A. Six thousand and forty, thirty days before the 
election, when the office closed. 

W. J. Mott. 

Sworn to and subscribed before me this 31st March, 1897. 

r L s j Edward F. Mayberry, 

Notary Public, South Carolina. 

At this point the examination was adjourned until 10 a. m. Friday, April 2, 1897. 

r L s i Edward F. Mayberry, 

Notary Public, South Carolina. 


Pursuant to adjournment, the examination of witnesses was resumed on Friday, 
April 2, at 10 a. m. * 

Present: W. Turner Logan, attorney for contestee, and W. 1. Myers, attorney lor 

contestant. . , . ,. , 

There being no more witnesses to be examined, the examination was adjourned 


sine die. 
|L.S.] 


Edward F. Mayberry, 

Notary Public, South Carolina. 


17745-24 




TESTIMONY TAKEN IN REPLY. 


EDISTO ISLAND. 

E. MITCHELL SEABROOK, being duly sworn, says: 

Q. What is your name, age, and residence?—A. E. Mitchell Seabrook; age, 33; 
residence, Edisto Island. 

Q. Where were you and in what capacity were you acting on the 3d day of No¬ 
vember last?—A. I was manager of the Federal election at Campground precinct in 
Edisto Island. 

Q. P. T. Richardson, a witness examined on behalf of G. W. Murray, testified 
that March Whitlock voted. When he went inside the booth, he went without a 
ticket. He asked, when he got in, where were the Murray tickets. I handed him 
one of Murray’s tickets from outside the booth. Mitchell Seabrook, one of the man¬ 
agers of election, declared that if he put the ticket in the box he would tear it up 
when he counted the vote. He ordered the clerk to cross the name on the poll list, 
and when he canvassed the votes in the box he destroyed that ticket. Is that 
true?—A. It is false. No such occurrence ever took place. 

Q. E. T. Richardson, the same witness, also testified that James Johnson was 
Tejected from voting because he looked down at the label; is that true?—A. No, sir. 

Q. Were any voters rejected at that precinct, who had registration certificates?— 
A. No; not if they complied with the law in regard to their poll tax; only those were 
rejected who had not paid their poll tax at the time specified by the laAv. 

Q. The same witness, Richardson, also testified that Mr. Seabrook said it was of 
no use to have the poll list counted before the ballot box was unlocked. Is that 
true?—A. A’o, sir; I first counted the poll list, then counted all of the ballots cast, 
to ascertain whether there were more ballots cast than were shown on the poll list; 
finding that they tallied all right, there were none destroyed on that account. 

Q. James Johnson, a witness on behalf of G. W. Murray, testified at Edisto Island: 
“Mr. Seabrook prevented me from voting. As I went up to the place to vote, at 
Camp Ground, and handed my registration paper to the gentlemen, and they searched 
it, whether it was right or not, and I put my ticket at the hole, resting until he 
returned my registration papers; I simply turned around to pass a spit on the ground, 
and turned back to put my ticket in the hole in the box and they said I can’t put it 
in again, as I had already turned from it. I hadn’t moved; and he sent for Mr. 
Mitchell Seabrook, and he came, and he told him about it. Mr. Seabrook said: 'If 
he turned from it he can not put it in again.’ My ticket was never put in the box. 
Had a conversation with Mr. Seabrook; told him I never moved from the place I 
stood, and he said: 'That was the law, and I can’t break it.” Is that true?—A. No, 
sir; it is false. 

Q. Jack Robertson, a witness on behalf of G. W. Murray, on Edisto Island, testi¬ 
fied that he was rejected from voting because he refused to take a ticket from the 
table and "I could not take one from the side of it.” Is that true or false?—A. It 
is false. I had placed, myself, on the table, Murray and Elliott tickets; Jack Rob¬ 
ertson came in to vote and had no ticket; when I saw him in this dilemma I showed 
him both the Murray and Elliott tickets; he said he could not trust me and went 
out without voting. 

Q. Did he make any other eifort to vote at that precinct?—A. He did not. 

Cross-examined by II. W. Purvis, Esq. : 

Q. You have stated that you were a manager at the Federal poll, Camp Ground 
precinct?—A. I have. 

Q. To what political party do you belong?—A. I am a Democrat. 

Q. To your personal knowledge were the othef managers at that poll members of 
the same political party as yourself?—A. I believe they were. 

Q. The Republican party had no representation on that board, had it?—A. Not to 
my knowledge. 

Q. You have stated in your direct examination that some parties were rejected 
from voting because their poll-tax receipts were not obtained within the time pre¬ 
scribed by the law; is that true?—A. Yes. 

370 


MURRAY VS. ELLIOTT. 


371 


Q. Do you remember tlie names of any of those persons?—A. I remember one; I 
think his name was William Rose. 

E. Mitchell Seabrook. 

Sworn to and subscribed before me this 1st day of April, 1897. 

[l- s.] Edward F. Mayberry, 

Notary Public , South Carolina. 


E. MITCHELL WHALEY, being duly sworn, says: 

Q. What is your name, age, and address?—A. E. Mitchell Whaley: age, 56; live 
on Edisto Island. 

Q. Where were you, and in what capacity were you acting, on the 3d day of Novem¬ 
ber last?—A. I was acting as clerk for the managers at the Federal poll at Camp 
Ground, Edisto Island. 

Q. As such clerk did you keep the poll list at that precinct?—A. I did. 

Q. Will you state what paper that is you have in your hand (pointing to a paper) ?— 
A. This is a facsimile of the poll list at Camp Ground precinct, ami is a certified 
copy. 

(This facsimile is put in evidence and marked u Exhibit D.”) 

Q. The name of Sampson Reid is crossed out on that poll list. Will you state why 
it was crossed out?—A. He came up; had his registration ticket all right; did not 
have his poll-tax receipt; went back to get it and did not return, and never came 
back that day to vote. 

Q. The name of James Johnson appears twice on the poll list; the first place the 
name has been crossed out. How was this?—A. He had his papers all right; left 
his ticket on the top of the box and went out ; he came back and the managers 
allowed him to vote, and that is the reason why his name is here twice; he voted. 

Q. When James Johnson testified that he did not come back and vote, this state¬ 
ment was false, was it not?—A. He lied. 

Q. The name of Jack Robertson is crossed out on the poll list. Will you state how 
that occurred?—A. Jack Robertson is a peculiar character. He came in, had all 
his papers in perfect order. I put his name down. With a smile he said, “I forgot 
my specs.” Mr. Seabrook told him, “I give you my word that these are the Mur¬ 
ray and those the Elliott tickets. You can take your choice.” He said, ‘‘Much 
obliged, gentlemen, but I won’t vote; I don’t trust you.” Consequently that num¬ 
ber, 78, was given to the next man, Mr. S. F. King. 

Q. Did Robertson ever make any other effort to vote at that precinct?—A. He did 
not. 

Q. P. T. Richardson testified that Mr. Mitchell Seabrook requested you to cross 
out the name of March Whitlock on the poll list, and when he canvassed the votes 
of that box he destroyed that ticket. Will you look at that poll list and tell me if 
the name of March Whitlock is crossed out or not, and whether Richardson’s state¬ 
ment is true or false?—A. March Whitlock voted clean. Richardson’s statement is 
undoubtedly false. He voted clean without any interruption. 

Q. Did Mr. Mitchell Seabrook ever request that you should cross the name of 
Whitlock on the poll list?—A. No, sir. I recollect that man distinctly. 

Q. This same witness, Richardson, testified that he saw one man vote twice in the 
Congressional box; that he was a white man, and he was told that his name was 
Fred King. Is that true?—A. Mr. King voted right after Jack Robertson and got 
his number. At the time Mr. King was voting he was interrupted by this man 
Richardson outside. Richardson accused him of putting in two ballots. I saw Mr. 
King turn around, open it, show it to him, fold it up, and put it in the box. 

Q. Is P. T. Richardson an Edisto Island negro?—A. No. 

Q. He was sent especially, then, to be present during the conduct of the election ?— 
A. He made himself officious and was taking down affidavits, which he said were in 
the interest of Murray—in fact, he told me that he was there in the interest of Mur¬ 
ray. He interrupted the election several times, interfering with the voters and 
prompting them. Mr. Seabrook wanted him arrested for interfering. 

Q. You have heard the testimony of P. T. Richardson read. Will you state whether 
it is true or false?—A. I think it is false from beginning to end. 

Cross-examined by H. W. Purvis, Esq.: 

Q. Have you ever acted as clerk of election before?—A. I have never, as I remem¬ 
ber. 

Q. Is it customary to enroll a voter’s name on the poll list before it is ascertained 
that he is a legal voter?—A. When a man swears he is qualified we usually take his 
name down. 

Q. Before his qualification is ascertained by the managers of election is it not 
essential that he should show the papers required by law?—A. After he has been 
sworn and has the right to vote I take his name down, and if he does not vote I 
scratch his name off. 


372 


MURRAY VS. ELLIOTT. 


Q. Are you a Democrat?—A. I am a national Republican and a home Democrat. 

Q. Did the Republicans have any representation in the management of that elec¬ 
tion?—A. None that 1 know of. 

Q. You voted for Colonel Elliott, did you not?—A. Yes. 

E. Mitchell Wiialey. 

Sworn to and subscribed before me this 1st day of April, 1897. 

[l. s.] Edward F. Mayberry, 

Notary Public, South Carolina. 


Exhibit D. 


Poll list kept by the managers of elections of the Camp Ground, Edisto Island, elec¬ 
tion precinct, of the county of Charleston, of the State of South Carolina. 


Names of voters. 

1. E. M. Wiialey. 

2. D. A. Steven's. 

3. F. W. Reid. 

4. Prince Butler. 

5. H. M. Bailey. 

6. Arthur M. Whaley. 

7. Ben Holmes. 

8. M. M. Seabrook. 

9. Abraham Butler. 

10. J. M. LaRoche. 

11. E. D. Bailey. 

12. W. S. Hiles. 

13. G. W. Seabrook. 

14. Titus Finley. * 

15. James Chaplin.* 

16. John D. Fitzpatrick 

17. Albert Parker. 

18. Antony Blygins. 

19. A. L. Brown. 

20. W. W. Campbell. 

21. Mike Lawrence. 

22. John J. Mikeel. 

State of South C 

I, D. H. Tompkins, secretary of state, hereby certify that the foregoing is an exact 
copy of a paper on file in this office. 

Given under my hand and the great seal of the State at Columbia this 11th day of 
March, in the year of our Lord one thousand eight hundred and ninety-seven, and 
in the one hundred and twenty-first year of the Independence of the United States 
of America. 

[seal.] D. H. Tompkins, Secretary of State. 

S. F. KING, being duly sworn, says: 

Q. What is your name, age, and address?—A. S. F. King; age, 46; reside on Edisto 
Island. 

Q. P. T. Richardson testified that you voted twice in the Congressional box. Is 
that true?—A. It is false. When I went to cast the ballot—as I went to put it in— 
I heard someone say ‘‘Two ballots.” I did not let the ticket go. It stuck on the 
edge of the slot of the box. I took it back and opened it out and showed it to this 
man Richardson. Then I folded it and put it in the box. I came out, jumped on my 
horse, and came to the other place, where they were voting for the State election. 

S. F. King. 

Sworn to and subscribed before me this 1st day of April, 1897. 

[l* s.} Edward F. Mayberry, 

Notary Public, South Carolina. 

J. G. MURRAY, being duly sworn, says: 

Q. What is your name, age, and address?—A. J. G. Murray; age, 24; live on Edisto 
Island. 

Q. Where were you and in what capacity were you acting on the 3d day of No 
vember, 1896?—A. I was one of the managers of the Federal election at the Camp 
Ground precinct of Edisto Island. 

Q. Do you remember the circumstances of Mr. King voting at your precinct?— 
A. Yes. 


23. W. M. Whaley. 

24. T. 0. Murray. 

25. E. Murray. 

26. March Whitlock. 

27. E. Mikoll Whaley. 

28. B. J. Simons. 

29. W. S.Beckel. 

30. H. I. Bailey. 

31. William Zreu. 

[32. Sampson Reid.] 

32. Thomas Whaley. 

33. Elmore Randal. 

34. E. Mitchell Seabrook. 

35. John S. Thorne. 

36. Peter Briggs. 

37. Chas. M. DeMetruss. 

38. David Chaplin. 

39. Adam Clarke. 

40. Gustave Steeven. 

41. Maj. John Jenkins. 

42. Townsend Mikell. 

43. J. Jenkins Mickell. 


44. A. B. Wescoat. 

45. William Murray. 

46. Josiah Boles. 

47. Dr. D. T. Pope. 

48. Nitridge Bailey. 

[49. James Johnson. Left 
his on box and went 
out. 

49. James Johnson. 

50. Henry Hutchinson. 

51. Louis Bailey. 

52. Ralph Bailey. 

53. A. S. Bailey. 

54. E.C. Whaley. 

55. Newton Nixon. 

56. Cyrus Small. 

57. George Bogle. 

58. D.M. Bailey. 

59. E. Bowles. 

60. Thos.P. Hay. 

61. B.J. Whaley. 

62. Elijah Simons. 


63. Samuel Simons. 

64. W. M. Bailey. 

65. D. T. Pope, jr. 

66. W. L. Beckets. 

67. Wright Williams, jr. 

68. L. L. H. King. 

69. I. W. Griffin. 

70. Wm. Bailey. 

71. Irael Brown. 

72. J. G. Murray. 

73. Jas. Singleton. 

74. F. M. Bailey. 

75. A. McKee bailey. 

76. Wm. S. Tickling. 

77. Wm. B. DeLessene. 
[78. Jack Robinson.] 

78. S. F. King. 

79. D. Scott Edings. 

80. F. M. Mitchell. 


arolina, Office of Secretary of State: 


* Clerical error on book as to names. 




MURRAY VS. ELLIOTT. 


373 


Q. Did he cast two ballots in the Congressional box?—A. No, sir; he did not. 

Q. You have heard the testimony of Mr. Mitchell Seabrook and Magistrate E. 
Mitchell Whaley, with regard to the testimony of James Johnson and Jack Robert¬ 
son; do you corroborate the statements of those two gentlemen?—A. Yes, sir; I do. 

J. G. Murray. 

Sworn to and subscribed before me this 1st April, 1897. 

[l. s.] Edward F. Mayberry, 

Notary Public, South Carolina. 

Testimony taken on Johns Island. 

April 3, 1897. 

Present: W. Turner Logan, attorney for eontestee, and W. F. Myers, attorney for 
contestant. 

T. J. GRIMBULL, being duly sworn, says: 

Q. What is your name, age, and residence?—A. T. J. Grimbull; age, 50; reside 
on Johns Island. 

Q. Do you know S. B. Doyley, a witness who testified in behalf of G. W. Murray, 
and said he was a resident of Johns Island?—A. \ r es, sir; have known him ever since 
the war. 

Q. What is his general character; good or bad?—A. I would say his character is 
very bad. 

Q. Do you know whether or not he has ever been indicted in the United States 
courts for stealing stamps from the Government?—A. Yes; he has. 

Cross-examined by W. F. Myers, Esq. : 

Q. Why do you say Doyley’s character is bad?—A. Because of transactions I have 
known him to have. 

Q. How do you know he was indicted for stealing stamps?—A. I got the facts from 
Dayson, the postmaster at Stono; it all occured there. 

Q. Then you do not know of your own knowledge?—A. I do not know of my own 
knowledge; I do not know personally. 

Q. Do you know if he has been convicted?—A. I do not. 

T. J. Grimbull. 

Sworn to and subscribed before me this 3d day of April, 1897. 

[l. s.] Edward F. Mayberry, 

Notary Public , South Carolina. 

R. H. HART, being duly sworn, says: 

Q. What is your name, age, and address?—A. R. H. Hart; age, 36; reside on Johns 
Island. 

Q. Where were you, and in what capacity were you acting, on the 3d of Novem¬ 
ber last?—A. I was at Haut Gap, acting as manager of the Federal election held 
there. 

Q. Did any colored persons witness the count?—A. A good many of them came in 
to see it. I called them in and they came. 

Q. Any dissatisfaction expressed?—A. None that I heard, and none throughout 
the day. I was there throughout the whole time. 

Cross-examined by W. F. Myers, Esq. : 

Q. Can you name any of the colored men who witnessed the count?—A. I don’t 
know them, but a good many came in. 

Q. How long have you lived on Johns Island?—A. I suppose about twelve years. 

Q. Are you a Democrat, and were the managers also with you Democrats?—A. I 
am, and I think the others were. 

R. H. Hart. 

Sworn to and subscribed before me this 3d of April, 1897. 

[ L . s .] Edward F. Mayberry, 

Notary Public, South Carolina. 


Charleston testimony. 

State of South Carolina, Charleston County: 

I, G. H. Momeier, a notary public in and for the State of South Carolina, do hereby 
certify that the following changes by erasure and interlineation were made by me 
at the time of taking the depositions in which they occur: 

Page 1, “126” struck out and “276” inserted. 


374 


MURRAY VS. ELLIOTT. 


Page 7, “one 7 ’inserted. 

Page 9, “ was 77 changed to “ were/ 7 “ on” changed to “ one/ 7 “ present and “ on 
inserted. 

Page 11, “at 77 struck out. 

Page 14, “at’ 7 stricken out. 

Page 15, “both 77 inserted. 

[SEAL.] Geo. H. Momkier, 

Notary Public, South Carolina. 

I, Edward F. Mayberry, a notary public in and for the State of South Carolina, do 
hereby certify that the following changes by erasure and interlineation were made 
by me at the time of taking the depositions in which they occur: 

Page21, “poll 77 inserted. 

Page 26, “old 77 inserted. “Q. The poll tax had to be paid six months before elec¬ 
tion, did it not? (Counsel for contestant objects on the ground that the time for pay¬ 
ment of poll tax is fixed by law and the statement of this witness could not 
vary it.) 77 Inserted. 

Page 29, “ a table 77 stricken out. 

Page 31, “Kave 77 stricken out and “Cave 77 inserted. 

Page 45, “3 77 erased and “4 77 inserted. 

Page 48, “ redirect 77 struck out. 

Page 53, “ 2 77 stricken out and “ first 77 inserted. 

Page 57, “ Q. 77 stricken out. 

Page 59, “March 6, 1897/ 7 inserted. 

Page 61, “Q. 77 stricken out; “box 77 stricken out and “table 77 inserted. 

Page 65. “home 77 inserted. 

Page 66, “was 77 changed into “ were. 77 
Page 67, “ and 77 inserted. 

Page 69, “ vel 77 changed into “ lev. 77 

Page 74, “ meet 77 changed into “ met. 77 

Page 77, “not 77 stricken out and “then 77 inserted. 

Page 78, “and offered to recanvass the entire returns and called their attention to 
fact that all the ballots were still there/ 7 inserted. 

Page 79, “vel 77 changed to “lev.” 

Page 82, “reporting 77 stricken out. 

Page 88, “ 6 77 changed into “ 5. 77 
Page 89, “ ation 77 changed into “ ed. 77 

Page 90, “ Q. Give your name, age, and address/ 7 inserted ; “ Q. 77 stricken out and 
“ A. 7 ' inserted. 

Page 98, “were 77 inserted; “on 77 changed into “at; 77 “Q. 77 stricken out. 

Page 100, “ Q. 77 stricken out. 

Page 103, “ing 77 inserted; “ Q. 77 stricken out. 

Page 105, “Yes/ 7 stricken out, and “No/ 7 inserted. 

Page 108, “Warren 77 changed into “ Worrall. 77 
Page 109, ‘ ‘ to 77 inserted. 

Page 112, “ Q. 77 stricken out. 

Page 116, “ Q. Sworn to/ 7 stricken out. 

Page 119, “ were” changed into “we. 77 
Page 122, “what 77 inserted; “re 77 stricken out. 

Page 125, “Q. 77 stricken out and and “A. 77 inserted. 

Page 127, “u 77 changed into “ i. 77 
Page 131, “ had 77 stricken out. 

Page 138, “were 77 inserted. 

Page 145, “ J. B. Edwards 77 stricken out and “ W. F. Myers, 77 inserted. 

Page 147, “Q,. 77 stricken out. 

Page 149, “ft. 77 changed into “feet. 77 
Page 150, “ Q. 77 stricken out. 

Page 152, “ Q. Give your name, age, and residence/ 7 inserted; “Q. 77 stricken out 
and “A. 77 inserted. 

Page 153, “or Dereef 77 inserted. 

Page 155, “and the persons 77 stricken out; “went 77 stricken out, and “went 77 
inserted. 

Page 157, “doorway 77 stricken out and “house 77 inserted; “and about 10 feet 77 
inserted. 

Page 159, “A. 71 stricken out; “ but he had no right to instruct me/ 7 inserted. 

Page 162, “ not 77 stricken out. 

Page 166, “ at all 77 inserted. 

Page 168, “as 77 changed into “are. 77 

Page 169, “ Q. 77 changed into “A. 77 

Page 172, “George 77 stricken out and “John 77 inserted. 

Page 173, “from the opposing side 77 inserted. 


MURRAY VS. ELLIOTT. 


375 


Page 174, “ with ” stricken out. 

Page 176, “ Q.” stricken out and “ A.” inserted. 

Page 178, “ Q.” stricken out. 

Page 181, “Q.” stricken out. 

Page 184, “3" stricken out and “4” inserted; “ supervisors” stricken out and 
“reformers” inserted; “Q,” stricken out. 

Page 185, “4 ? stricken out and “5” inserted; “(Counsel for contestant des” 
stricken out. 

Page 187, “to" changed into “for"; “folks” stricken out and “votes” inserted. 
Page 188, “ while” stricken out; “ Q.” stricken out. 

Page 191, “and have been a delegate to a Republican convention” inserted. 

Page 193, “not” stricken out; “or not” stricken out. 

Page 195, “and some would” stricken out; “and” inserted. 

Page 196, “say yes and” stricken out. 

Page 198, “ ?” stricken out. 

Page 200, “the” changed into “this.” 

Page 206, “point” inserted. 

Page 207, “the” stricken out. 

Page 213, “party” changed into “parties.” 

Page 214, “ordnance” and “license” interchanged. 

Page 217, “colored people” stricken out; “A.” stricken out. 

Page 218, “A.” stricken out; “A.” and “I ” stricken out. 

Page 220, “A. R. Dennis” stricken out. 

Page 221, “Sil” in word “Cyrus” changed to “ Cyr.” 

Page 226, “6 ’’changed into “7.” 

Page 228, “and the” stricken out. 

Page 231, “5040” stricken out, “6010” inserted. 

Page 232, “March” stricken out. 

Johns Island testimony. 

Page 2, “J” changed to “D;” “T. ,1. Grim” stricken out. 

Page 3, “ Q.” stricken out. 


Edisto Island testimony. 


Page 2, “M ,J stricken out. 

Page 4, “ When ” stricken out. 

Page 7, “ papers all right ” stricken out. 

Page 12, “Cross” stricken out. 

[l. s.] Edward F. Mayberry, 

Notary Public, South Carolina. 

State of South Carolina, County of Charleston : 

I, Edward F. Mayberry, a notary public in and for the State of South Carolina, do 
hereby certify that the annexed depositions were taken on the days of March and 
April, 1897, as respectively certified above in detail, pursuant to and in all things 
conformable to the attached notices, the contestant being represented part of the 
time by his counsel, J. R. Edwards, and part of the time by his counsel, W. F. Myers, 
and part of the time by his counsel, H. YV. Purvis, and the contestee being represented 
by one of his counsel, W. Turner Logan. 

And that at the same time said exhibits therein mentioned were then and there 
introduced on behalf of the contestee. 

That the witnesses whose depositions are hereunto annexed and whose names are 
contained in said notices were by me first duly sworn to tell the truth and nothing 
but the truth. 

In testimony whereof I hereunto affix my name and official seal this 14th day of 
April, A. D. 1897. 

[l. s.] Edward F. Mayberry, 

Notary Public, South Carolina. 

State of South Carolina, County of Charleston, ss: 

I, John M. Kinloch, clerk of the court of common pleas and general sessions, in and 
for said county (said court being a court of record), do hereby certify that Edward 
F. Mayberry, whose name is subscribed to the testimony taken on behalf of Hon. 
William Elliott, and thereon written, was, at the time of taking such testimony and 
depositions, a notary public of the State of South Carolina, in and for the said county 
of Charleston, dwelling in said county, commissioned and sworn, and duly authorized 
to take the same; that his appointment is dated March 2,1897, and that he qualified 
March 3, 1897. 

In testimony whereof I have hereunto set my hand and affixed the seal of said 
court this 13th day of March, 1897. 

[seal.] John M. Kinloch, Cleric. 


MURRAY VS. ELLIOTT. 


or/ - * 
O < O 


Notices of taking of depositions. 

United States of America, State of South Carolina: 

To George W. Murray, Contestant: 

Please take notice that at the court-house in the city of Georgetown, in the county 
of Georgetown and State aforesaid, at 11 o’clock a. in. on Thursday, the 18th day of 
March, A. D. 1897, before Ross C. Davis, esq., a notary public in and for the said 
State, the undersigned will proceed to take the depositions of the persons whose 
names and places of residence are stated below, as witnesses on behalf of the con- 
testee in the above-entitled case, in support of the allegations and denials contained 
in the answer of the contestee and in reply to the allegations of the notice of con¬ 
test and the testimony heretofore taken in behalf of the contestant; and that if for 
any reason the said examination shall not or can not be completed on said day, the 
same will be adjourned from day to day until it shall have been completed: B. 
Huger Ward, Prospect Hill, S. C.; W. F. Pauls, Georgetown, S. C.; J. C. Lowrimore, 
Eddy, S. C.; A. P. Hazard, Georgetown, S. C.; W. P. Oongdon, Georgetown, S. C.; J. 
J. McKeithen, Georgetown, S. C.; W. D. Morgan, Georgetown, S. C.; all of said wit¬ 
nesses being residents of the county and State aforesaid. 

Walter Hazard, Attorney for Contestee. 

Georgetown, S. C., March 12, 1897. 

Service accepted of within notice at Beaufort, S. C., this 13th day of March, 1897. 

J. I. Washington, Attorney for Contestant. 

United States of America, State of South Carolina: 

To George W. Murray, Contestant: 

You will please take notice that at the court-house in the city of Georgetown, in 
the county of Georgetown and State aforesaid, at 11 o’clock a. m. on Friday, the 
19th day of March, 1897, before Ross C. Davis, esq., a notary public in and for said 
State of South Carolina, the undersigned will proceed to take the depositions of the 
persons whose names and places of residences are stated below, as witnesses on 
behalf of the contestee in the above-entitled case, in support of the allegations and 
denials contained in the answer of the contestee and in reply to the allegations of 
the notice of contest and the testimony heretofore taken on behalf of the contest¬ 
ant. And if for any reason the said examination shall not be completed on said day, 
the same will be adjourned from day to day until it shall have been completed: J. J. 
Evans, Olivet, S. C.; H. T. Green, Olivet, S. C. : Pinckney Wilson, Sampit, S. C.; 
Gilbert Johnson, Choppee, S. C.; Thomas Ford, Plantersville, S. C.; T. R. Spivey, 
Carvers Bay, S. C.; all of said witnesses residing within the county and State afore¬ 
said. 

Walter Hazard, Attorney for Contestee. 

Georgetown, S. C., March 12, 1897. 

Service accepted of within notice this 15th day of March, A. D. 1897, at Beaufort, 
S. C. 

J. I. Washington, Attorney for Contestant. 

United States of America, State of South Carolina: 

To George W. Murray, Contestant: 

You will please take notice that at the court-house in the city of Georgetown, in 
the county of Georgetown and State aforesaid, at 11 o’clock a. m. on Saturday, the 
20th day of March, A. D. 1897, before Ross C. Davis, esq., a notary public in and for 
said State of South Carolina, the undersigned will proceed to take the depositions 
of the persons whose names and places of residence are stated below, as witnesses 
on behalf of the contestee in the above-entitled case, in support of the allegations 
and denials contained in the answer of the contestee and in reply to the allegations 
of the notice of contest and the testimony heretofore taken on behalf of the contest¬ 
ant. And if for any reason the said examination shall not be completed on said 
day, the same will be adjourned from day to day until it shall have been completed: 
J. H. Ambrose, Yawhama, S. C.; J. F. Dozier, Laurel, S. C.; G. W. Harrelson, 
Sampit, S. C.; all of said witnesses residing within the county and State aforesaid. 

Walter Hazard, Attorney for Contestee. 

Georgetown, S. C., March 15, 1897. 

Service accepted of within notice this 17th dav of March, A. D. 1897, at Beaufort, 
S. C. ‘ ? 

J. I. Washington, Attorney for Contestant, 


MURRAY VS. ELLIOTT. 


377 


To George W. Murray, Contestant : 

\ou will please take notice that at the court-house in the city <jf Georgetown, in 
the county oi Georgetown and State aforesaid, at 11 o’clock a. m., on Saturday, the 
20th day of March, A. 1). 1897, before Ross C. Davis, esq., a notary public in and for 
said State ol South Carolina, the undersigned will proceed to take the depositions of 
the persons whose names and places of residence are stated below, as witnesses on 
behalf ol the contestee in the above-entitled case, in support of the allegations and 
denials contained in the answer of the contestee and in reply to the allegations of the 
notice ol contest and the testimony heretofore taken on behalf of the contestant. 
And il for any reason the said examination shall not be completed on said day, the 
same will be adjourned from day to day until it shall have been completed: J. Alsten 
Grier, Yawhanna, S. C.; J. H. Woodward, Laurel, S. C.; Edward Evans, Olivet, S. C.; 
J. Z. McConnell, Sampit, S. C.; R. B. Tindall, Peterslield (Carono Bay); H. L. Carter, 
Petersfield (Carono Bay); J. I. Prevott, Choppee, S. C.; R. A. Ivey, Olivet, S. C., or 
Cory, S. C., all ol said witnesses residing within the county and State aforesaid. 

Walter Hazard, Attorney for Contestee. 

Georgetown, S. C., March 12, 1897. 

Service accepted of within notice this 15th day of March, A. D. 1897, at Beaufort, 
S. C. 

J. I. Washington, Attorney for Contestant. 

To George W. Murray, Contestant: 

You will please take notice that at the court-house in the city of Georgetown, in 
the county of Georgetown, and State aforesaid, at 11 o'clock a. m. on Monday, the 
22d day of March, A. D. 1897, before Ross C. Davis, esq., a notary public in and for 
said State of South Carolina, the undersigned will proceed to take the depositions 
of the persons whose names and places of residence are stated below as witnesses 
on behalf of the contestee in the above-entitled case in support of the allegations 
and denials contained in the answer of the contestee and in reply to the allega¬ 
tions of the notice of contest and the testimony heretofore taken on behalf of the con¬ 
testant. And if for any reason the said examination shall not be completed on said 
day, the same will be adjourned from day to day until it shall have been completed: 
S. M. Ward, Georgetown, S. C.; J. R. Sparkman, jr., Georgetown, S. C.; H. L. Smith, 
Georgetown, S. C.; J. B. Johnson, Georgetown, S. C.; W. P. Smith, Georgetown, S. C.; 
S. W. Rouquee, jr., Georgetown, S. C.; William Lucas, South Island, S. C. (Annandale 
P. O.), all of said witnesses residing within the county and State aforesaid. 

Walter Hazard, Attorney for Contestee. 

Georgetown, S. C., March 15, 1897. 


Service accepted of within notice this 17th clay of March, A. D. 1897, at Beau¬ 
fort, S. C. 


J. I. Washington, Attorney for Contestant. 


To George W. Murray, Contestant: 

You will please take notice that at the court-house in the city of Georgetown, in 
the county of Georgetown and State aforesaid, at 11 o’clock a. m. on Monday, the 
22d day of March, A. D. 1897, before Ross C. Davis, esq., a notary public in and for 
said State of South Carolina, the undersigned will proceed to take the depositions 
of the persons whose names and places of residence are stated below, as witnesses 
on behalf of the contestee in the above-entitled case, in support of the allegations 
and denials contained in the answer of the contestee, and in reply to the allegations 
of the notice of contest and the testimony heretofore taken on behalf of the contest¬ 
ant. And if for any reason the said examination shall not be completed on said 
day, the same will be adjourned from day to day until it shall have been completed: 
B. H. Ward, Aurizantia, S. C.; W. B. Ornhalter, Georgetown, S. €.; Walter Hazard, 
Georgetown, S. C., all of said witnesses residing within the county and State afore¬ 
said. 

Walter Hazard, Attorney for Contestee. 

Georgetown, S. C., March 18, 1897. 

Service accepted at Georgetown, S. C., on Friday, March 19, 1897. 

Z. D. Greene, Attorney for Contestant. 

To George W. Murray, Contestant: 

You will please take notice that at the court-house, in the city of Georgetown, in 
the county of Georgetown, and State aforesaid, at 11 o’clock a. m., on Tuesday, the 
23d day of March, A. D. 1897, before Ross C. Davis, esq., a notary public in and lor 
said State of South Carolina, the undersigned will proceed to take the depositions of 
the persons whose names and places of residence are stated below, as witnesses on 
behalf of the contestee in the above-entitled case, in support of the allegations and 






378 


MURRAY VS. ELLIOTT. 


denials contained in the answer of the contestee, and in reply to the allegations of 
the notice of contest and the testimony heretofore taken on behalf of the contestant. 
And if for any reason the said examination shall not be completed on said day, the 
same will be adjourned from day to day until it shall have been completed: Louis 
S. Ehrich, Georgetown, S. C.; L. Mowzen, Georgetown, S. C., all of said witnesses 
residing within the county and State aforesaid. 

Walter Hazard, Attorney for Contestee. 

Georgetown, S. C., March 22, 1897. 

I accept service of a copy of the within notice at Georgetown, S. C., this 22d day 
of March, A. U. 1897, and waive time, pursuant to the stipulation by contestant’s 
attorney, ,J. I. Washington. 

Z. D. Greene, Attorney for Contestant. 

Testimony on behalf of the contestee taken before Ross C. Davis, notary public, pur¬ 
suant to the several notices hereto annexed at the several days and times herein¬ 
after mentioned. 

Georgetown, S. C., March 18, 1897. 

The taking of testimony was begun to-day at 11.45 o’clock, a. m. 

Present: Walter Hazard, attorney for contestee, and Z. D. Greene, attorney for 
contestant. 

The counsel for the contestee reads and hies the notice of the taking of depositions 
this day, which was served upon the contestant’s attorney on March 13, 1897. 

W. F. PAULS, sworn, testifies: 

Q. Please state your name, age, place of residence, and occupation.—A. William 
F. Pauls; 53 years old the 27th of last March; live near the city of Georgetown ; my 
occupation is county supervisor of registration. 

Q. How long have you held the office of supervisor of registration?—A. I have held 
the office about four years. 

Q. Did you act as supervisor in the registration of voters in this county under the 
new constitution of South Carolina last year?—A. Yes. 

Q. Who were the other members of the board of registration?—A. B. H. Ward, J. 
C. Lavrimore. 

Q. Was it the custom of the board for the three members to attend at the registra¬ 
tion of voters?—A. Yes; but sometimes one or auother would be absent. 

Q. Who acted as chairman of the board, aud who as secretary?— A. I acted as chair¬ 
man and B. H. Ward as secretary. 

Q. Was any record kept by the board of the applicants for registration?—A. Their 
names were taken down and sometimes their auswers by the secretary. 

Q. Please state as briefly as you can the method adopted by the board in examin¬ 
ing applicants for registration, and in passing on their applications.—A. First, we 
called on them for evidence of the payment of their poll tax as required by the con¬ 
stitution. And if the tax had been paid, the board submitted to the applicant a 
section of the constitution to be read by him. 

Q. If the applicant read the section submitted properly and correctly, did the 
board issue the certificate to him?—A. They did. 

Q. If he failed to read it what was the next step?—A. We read it to him twice 
aud then asked him to explain it. 

Q. Was that your invariable rule?—A. Yes, sir; that was the rule adopted by our 
board and carried out. If the applicant failed to explain on the first reading, the 
section was read to him the second time. 

Q. If the applicant explained the section intelligently, was the certificate issued 
to him?—A. Yes; it was. 

Q. What was the general nature of the sections of the constitution submitted to 
the voters with regard to the difficulty of reading and understanding them?—A. 
We selected about the simplest clauses. 

Q. Here is a copy of the constitution of South Carolina, ratified December 4, 1895. 
Please point out in this constitution the sections which as a rule the board sub¬ 
mitted to the applicants. I mean those which were most frequently used. 

(The counsel for the contestant objects to this question on the grouud that the 
record of the board of registration is the best evidence that can be given.) 

A. Section 1, article d; section 1, article 3; section 1, article 2; section 1, article 
6; section l, article 11; section 4, article 17. 

Q. Did you submit the sections which you have named to the applicants in many 
instances ?—A. Yes, sir. 

Q. Do you mean that these sections were very frequently used?—A. I do. 

Q. Please state, whether or not in the cases where the applicant failed to read, the 
section was read over clearly, distinctly, and deliberately for liis his explana¬ 
tion ?—A. It was. 


MURRAY VS. ELLIOTT. 


379 


Q. Who read the section over to the applicant, as a rule?—A. I did. 

Q. Was the applicant, in every instance, given ample time to read the section sub¬ 
mitted to him ?—A. He was. 

Q. Did the board of registration, in any instance, inform the rejected applicant 
that he had the right, under the constitution, to appeal to a court or a judge from 
the decision of the board to determine his right to a certificate?—A. I stated to 
them that they had ten days in which they could appeal to the courts. 

Q. Did you do this in every case?—A. I think I did. I won’t say, positively, that 
I stated it to every applicant, but that was my rule. 

Q. Please state, if you remember, whether any Democrats and white men were 
rejected by the board.—A. There were. 

Q. During the conduct of the registration by the board were any of the leaders of 
the Republican party in this county present, from time to time, observing the pro¬ 
ceedings of the board?—A. They frequently were. 

Q. Please state the names of such of them as you saw present.—A. Geo. E. Her- 
riot, J. A. Baxter, R. B. Anderson, Frank Lawrence, Z. D. Greene. 

Q. Did you ever hear any of these leaders, on such an occasion, express any opin¬ 
ion as to the fairness or unfairness of the board of registration in the performance 
of its duties in the registration of voters; and if so, bv whom were such opinions 
expressed, and what were they? 

(The counsel for contestant objects to this question on the ground that the testi¬ 
mony or evidence of the Republican leaders is the best evidence of the opinions 
expressed by them.) 

A. Yes; I do not remember their exact words, but several of them, including G. 
E. Herriot, R. B. Anderson, and Baxter, and I think Frank Lawrence, expressed the 
opinion publicly before the board that its conduct was fair and that it seemed to be 
doiug what was right. 

Q. Did you hear a speech delivered by G. W. Murray, the contestant in this case, 
at the court-house in Georgetown last year, prior to the general election, in which 
he alluded to the conduct of the board of registration in this county in the discharge 
of its duties?—A. I heard a part of it. In alluding to the board of registration he 
said in substance about this: The board acted very fair, so far as he had been in¬ 
formed. He also urged his audience to go ahead and apply for registration whether 
they had any tax receipts or not. 

Q. Did the board reject any applicants on the ground that they had been convicted 
of disqualifying crimes?—A. Yes; not more than three, so far as I can remember. 

Q. Do you remember the names of these persons? If so, please state them.—A. 
Ben Allston is the only one 1 can remember. 

Q. Thomas Chance, a witness on behalf of contestant in this case, testified that the 
board of registration refused to give him a certificate because he lacked one word of 
reading the contitutiou, and that after that the board required nothing further of 
him. Is that true?—A. No. 

Q. Did you give him an opportunity to explain the sectiou?—A. Yes; I gave every 
one an opportunity if he accepted of it. 

Q. Did you ever, in any instance, withhold the opportunity of explaining a section 
from an applicant who had failed to read it?—A. No; I did not. 

Q. Did you ever, in any instance, require an applicant to explain a section if he 
read it correctly when submitted to him?—A. I did not. 

Q. Samuel Singleton, a resident of Santee precinct, testified on behalf of contest¬ 
ant in this case, on February 16,1897, that he applied to the board of registration at 
Ravenels, <>n Santee, for a certificate, and read the section of the constitution sub¬ 
mitted to him, but the board refused to give him a certificate, and did not read over 
any section of the constitution to him and ask him to explain it. Is this true?—A. 
No; it is not true. 

Q. Do you remember the application of Newton Fledgler to your board for a cer¬ 
tificate of registration ?—A. Yes; he was before the board about three times; it was 
the practice of the board not to admit an applicant to repeated applications, but as 
we did not keep an alphabetical list, Fledgler succeeded in getting two or three 
trials before we discovered it. 

Q. Fledgler testified in this case, on February 16, 1897, that he applied for a cer¬ 
tificate, and when asked if he read the section submitted to him by you said, “ I 
read it, but I did not read it proper to suit him.” He further testified that the sec¬ 
tion submitted to him was section 1, article 13, and that after he had read it to you 
you started to give him the certificate, but turned and asked the other two members 
of the board what they thought of it, and they said they did not think it proper to 
give it to him. He further testified that the board did not read any section over to 
him and ask him to explain it; that they did nothing but give him the section to 
read, and after he read it they refused to give the certificate, and they gave no 
reason for refusing except they were not pleased with his reading. Is this testi¬ 
mony, or any part of it true; and if so, what part?—A. Of course it was my custom, 


380 


MURRAY VS. ELLIOTT. 


when au applicant read, to submit it to the board to decide whether he read correctly 
or not. 1 did not start to give the certificate to him. Mr. Ward did the writing tor 
the board, and always filled out the certificates. 

Q. If Fledgler had read the section submitted to him would the board have refused 
the certificate?—A. No, sir. 

Q. Is it true that after he read the section, as he claims, the board did not ask him 
to explain?—A. No. 

Q. Do you remember whether section 1, article 13, was submitted to Fledgler on 
each application?—A. No, sir; I do not remember that it was. 

Q. Ned Mayrant, a resident of Pee Dee precinct, testified in this case, on February 
18,1897, that he applied to your board for a certificate in June, 1896, and that you 
cursed him for being late, and the board did not allow him time to read a section of 
the constitution, and gave him no opportunity to do so, and did not read any section 
to him and ask him to explain it, and did not even tell him that they would not give 
him a certificate, but they did not give him one. Is that true?—A. No, sir; it is not 
true. I know that I did not curse him. It was the rule of the board, as required 
by law, to have office hours for its work from 9 to 3 o’clock, and it sometimes hap¬ 
pened that applicants who were present when the time came for closing the books 
could not be examined. I don’t remember whether this happened in the case of Ned 
Mayrant or not. 

Q. Did the board ever close its books and deny an applicant the right to be exam¬ 
ined during its office hours?—A. No. 

Q. If Ned Mayrant failed to get a certificate from the board in June, for lack of 
time to receive his application, did not the law allow him other opportunities to 
register between that time and the general election?—A. Yes. 

Q. How many meetings did the board have between the meeting in June and the 
general election of 1896?—A. A meeting in each month, which lasted a week, up to 
November, and the meeting in November, lasting three days. 

Q. Could not Mayrant have applied at any one of those meetings and had his 
application considered?—A. I suppose he could so far as the board was concerned. 

Q. Plenty Washington, a witness in this case, testified that when he applied to 
the board for a certificate and failed to read the section given him, the board did not 
read a section to him and ask him to explain it. Is that true?—A. That is not so. 

Q. Stephney Herriot, of Sandy Island, a witness in this case, testified that the 
section given to him by the board to read he did not read in proper shape, and the 
board did not ask him to explain any section. Is that true?—A. It is not. 

Q. The contestant in this case, in his notice of contest, makes the following alle¬ 
gation: “ That the pretended registration of voters throughout the First district of 
South Carolina was so unfairly and fraudulently conducted by the friends and sup¬ 
porters of the contestee as to disfranchise many thousands of the citizens of the 
district who are qualified under the new constitution of the State, and therefore 
justly entitled to register and vote, and who, if they were allowed to vote, would 
haA’e voted for the contestant.” He also alleges that By the unfair and fraudu¬ 
lent conduct of the registration officers, all friends and supporters of the contestee 
and working in his interest,” 600 legal voters in the county of Georgetown have been 
deprived of the right to vote. What have you, as a member of the board of registra¬ 
tion for GeorgetoAvn County, to say to this charge?—A. It is not so. 

At this point (2.35 p. m.) a recess was taken until 3.45 p. m. 

Cross-examination: 

(The cross-examination of Mr. Pauls was begun at 4 o’clock p. m.) 

Q. Mr. Pauls, was it a rule of your board to demand the production of the tax 
receipt of each applicant for registration certificate that his taxes had been paid, or 
was it a part of the requirements laid down in the new constitution of South Carolina, 
made in the year 1895, as a qualification for persons who are entitled to register to 
receive registration certificates?—A. I don’t know exactly how to answer the ques¬ 
tion. It was a rule of our board, based upon what we considered the law in regard 
to qualification of voters. 

Q. Is the law you refer to in regards to qualifications laid down in the new consti¬ 
tution under which you demand the production of the tax receipts?—A. Yes, sir. 

Q. Hasn’t it been the practice of your board to inform an applicant, when he 
applies for a registration certificate and fails to obtain one, that he could reapply 
within ten days?—A. No, sir. 

Q. You said there were some Democrats and white men who were refused registra¬ 
tion certificates. Will you please state their names.—A. I said there were probably 
two. One man I don’t know; but he had not been a citizen long enough. The other 
was a Mr. Roberts, of Sampit, who could not produce his tax receipt. 

Q. Referring to the opinions you said you heard expressed by some of the Repub¬ 
lican leaders in regard to the fair manner in which the registration officers were die- 


MURRAY VS. ELLIOTT. 


381 


charging their duties, you said you heard several of them, including G. E. Herriot, 
R. B. Anderson and J. A. Baxter, and that you think Frank Lawrence also said, that 
the registration officers were conducting the same fairly. Please name those you 
heard aside from G. E. Harriot, R. B. Anderson, J. A. Baxter and Frank Lawrence.— 

A. I don’t know that I can name any others that could be termed Republican leaders. 
Peter \\ oodbury said to me that he did not think a better board could be obtained 
in the county. 

Q. Do you not know that Peter Woodbury was a Democrat in 1876 and has been 
one ever since?—A. I have heard that Peter Woodbury is a Democrat, but don’t 
know it. 

Q. Referring to the speech of Geo. W. Murray, you said you heard him say that the 
board of registration of this county was conducting the registration of applicants 
for registration certificates in a fair manner, as he was informed. Did you not hear 
him say that the board of registration of this county had no right under the law, 
even under the new constitution of 1895, to demand the production of the tax 
receipts of the applicants for registration, but that was the duty of the managers of 
election?—A. I don’t remember whether he said so or not. I remember he told the 
people to go on and register whether they had tax receipts or not. 

Q. Did Mr. Murray say he was informed by any of the Republican leaders that the 
board of registration of this county was acting fair and square?—A. No, he did not 
say that any of the Republican leaders said so. 

Q. You said that you don’t remember ever having asked an applicant to explain a 
section if he read it correctly. Don’t you remember having made this request of R. 

B. Anderson .and that he informed you that you were wrong? That if he read he had 
no right to explain. Do you remember that?—A. No, I don’t remember anything of 
the kind. 

Q. What was the object of the board in not allowing an applicant any more than 
one trial?—A. The object of the board was to allow others who had not been up to 
have an opportunity to register. If we allowed a man to come as often as he saw 
fit it would delay others. 

Q. Hasn’t the board refused to allow applicants at different times a second trial 
when there was no other applicant present but the one applying?—A. We have a 
rule and we abide by it. We could not take up a man one minute and exclude 
another the next minute without discrimination. 

Q. Did the law under which the board of registration granted registration cer¬ 
tificates require the board to do the same in private?—A. The understanding I 
have of the act is that we could be private if we wished. 

Q. Do you remember having done this at Carvers Bay, Peedee, and other places?— 
A. In reference to Carvers Bay, I was not there; Peedee, I was there two days; one 
day I was not there. 

Q. You remember having conducted the issuing of registration certificates to the 
applicants at Peedee, the days you were there, in a building with all the doors and 
windows closed, and just allowed one applicant at a time, when the building could 
accommodate a half a dozen or more without impeding the progress of the board?— 
A. I don’t remember particularly whether the doors and windows were all closed or 
not. Whether the house would accommodate a half dozen or not, the board did not 
propose to have them around us while we were conducting business. 

Q. Do you remember having issued a registration certificate to a white Democrat 
at Peedee, one of the days you were there, who could neither read nor write, and 
the Republican applicants were about to raise some confusion that a certificate was 
granted by the board without asking this white Democrat a single question other 
than his age, name, and residence, and that G. E. Herriot and R. B. Anderson, Repub¬ 
lican leaders, stopped the fuss? Do you remember that occurrence? 

(Counsel for the contestee objects to this question, on the ground that all that por¬ 
tion of the question relative to an alleged disturbance by the colored Republicans, 
and the efforts of G. E. Herriot and others to quell it, is irrelevant and immaterial, 
the board of registration having nothing to do with such disturbance, and being in 
no way responsible for the disorder caused by those who were dissatisfied with its 
decisions; and upon the further ground that the question assumes as a fact the 
occurrence of a disturbance which has not been proven, and which the witness can 
not be asked to impliedly admit in his answer to the main part of the question rela¬ 
tive to the registration of the white Democrat.) 

A. I have no recollection of registering the white man you speak of. I did not 
see or hear anything about any fuss or riot. 

Q. Haven’t the board of registration denied registration certificates to applicants 
who could read ordinarily well?—A. No; we never did anything of the kind; we 
may have been more the other way; I mean in granting certificates to those who 
could not read ordinarily well; we granted certificates in every case where we could 
do so. 

Q. Do you regard the constitution of South Carolina, made in 1895, as the funda- 


382 


MURRAY VS. ELLIOTT. 


mental and organic law of the State?—A. Of course; 1 understand the constitution 
to be supreme. 

Q. Have you had an opportunity* as a citizen of the State of South Carolina, to 
vote on the ratification of the new constitution by having been submitted to the 
citizens of the State for ratification, as the old constitution, the one that existed 
prior to the present one, demands? 

(Counsel for the contestee objects to this question, upon the ground that it is 
immaterial and irrelevant and not in response to any allegation in the notice of 
contest or answer, nor in reply to any testimony by the witness on the direct 
examination.) 

A. No, sir. 

Redirect examination: 

Q. Is Peter Woodbury, to whom you referred in your direct examination, a colored 
man?—A. Y r es. 

Q. What is his reputation for veracity and honesty?—A. He bears a good reputa¬ 
tion. 

Q. In discussing the character and methods of the board of registration, when he 
approved of them did he make any reference to the treatment of the colored appli¬ 
cants by the board?—A. Yes; that was why he spoke as he did. He said that jus¬ 
tice was being done to the colored people. 

Q. Y^ou were asked on the cross-examination about the exclusion of the public 
from the presence of the board while it was engaged in its work. Have you ever 
seen any provisions in the law requiring the board to admit everybody at its delib¬ 
erations?—A. No, sir; I have never seen anything like that. 

Q. Has anybody ever called your attention to any such provision?—A. No. 

Q. Has anybody ever claimed such a right under the law?—A. None. 

Q. In your direct examination you stated that the board of registration met 
monthly in June, July, August, September, and October, 1896, for a week, and three 
days in November. Please look at this section of the registration law of 1896, and 
tell me if you have not made a mistake?—A. Yes; I did make a mistake. The board 
held meetings at the times fixed by section 7 of this act. 

Q. Did any rejected applicant for registration ever file with the board of registra¬ 
tion notice of his intention to appeal from the decision of the board, as provided by 
section 8 of the registration law?—A. None whatever. 

Q. In your testimony on the direct examination, in reply to my question as to the 
treatment of Ned Mayrant by the board of registration, you said that his statements 
on that point were not true. Did you mean to say that he had not received a certi¬ 
ficate from the board?—A. No, sir. 

Q. Have you any recollection on that point?—A. No. 

Q. You intended, then, by your denial, to contradict his assertion that he had been 
cursed and denied an opportunity to get a certificate?—A. Yes, sir. 

W. F. Pauls. 

Sworn to and subscribed before me this 18th day of March, 1897. 

[seal.] Ross C. Davis, Notary Public. 

An adjournment was had at 6.30 p. m. until 8.30 a. m. Friday, March 19th, 1897. 

Georgetown, S. C., March 19, 1897. 

The taking of testimony was resumed at 9 a. m. this morning. 

JOHN C. LOWRIMORE, sworn, says: 

Q. Mr. Lowrimore, please state your name, age, occupation, and residence.— A. 
John C. Lowrimore; age 36; my occupation is supervisor of registration and farmer; 
my residence is Eddy, Georgetown County, S. C. 

Q. Have you held any public office in this State; if so, what office and how long?— 
A. Y'es; member of the board of registration for Georgetown County, since March, 
1896. _ 

Q- Did you act in that capacity during the year 1896 in the registration of voters 
under the new constitution of South Carolina?—A. I did. 

Q. YYTio were the other members of the board?—A. W. F. Pauls, B. H. Ward. 

Q. YVho acted as chairman of the board, and who as secretary?—A. W. F. Pauls, 
chairman; B. H. Ward, secretary. 

Q. Please state as briefly as you can the manner in which the board conducted 
the examination of applicants for registration and passed upon their qualification.— 
A. The first thing the board did was to ask for evidence of the payment of the poll 
tax; the next, submit to the applicant a section of the constitution to be read by him. 
If read correctly the board issued a certificate, and if not read correctly then it was 
read for him, and he was asked to explain its meaning. If explained'correctly by 
him the certificate was issued. 


MURRAY VS. ELLIOTT. 


383 


Q. Did the board as a whole, decide whether an applicant had read correctly tbe 
section submitted to him, or properly explained its meaning if lie failed to read it. 

I mean by that, did all the members of the board who were present participate in 
the decision?—A. They did. 

Q. It an applicant failed to read the section submitted to him, was it read over to 
him clearly, distinctly, and deliberately, so as to give him time to take in its mean¬ 
ing?—A. It was. 

Q. Did the board, in case the applicant failed to explain the section on the first 
reading, read it over to him a second time?—A. We did. 

Q. In case the applicant read slowly and with difficulty, did the board interrupt 
him, or in any way interfere with his reading before he had completed his effort?— 
A. Not at all, sir. 

Q. As a rule was the place in which the board held its sessions kept sufficiently 
quiet and free from intrusion, or disturbance by outsiders, to give the applicant full 
opportunity to pass his examination without confusion or distraction?—A. It was. 

Q. Did the board exclude all persons who desired to be present to watch its pro¬ 
ceedings?—A. It did not. 

Q. Please state, if you can, the names of some persons who were present at differ¬ 
ent times observing the proceedings of the board.—A. J. A. Baxter, Z. D. Greene, 
R. B. Anderson, George E. Herriot, sometimes Frank Lawrence. 

Q. Are the persons whom you have named members of the Republican party in 
this county ?—A. They are said to be the leaders. 

Q. Do you not know, as a matter of fact, that they are the most prominent and 
influential members of the Republican party in this county?—A. I do. 

Q. Are they not, most of them, supporters of G. W. Murray, the contestant in this 
case?—A. All of them, except J. A. Baxter. 

Q. Do you know what Republican candidate for the Congressional nomination 
J. A. Baxter supported last year?—A. Cohen, of Charleston. 

Q. Were the several Republican leaders whose names you have mentioned present 
at the meetings of the board on more than one occasion?—A. They were frequently 
there. 

Q. Do you know of any provision in the registration laws of the State which 
requires the board of registration to sit with open doors and allow free admission to 
the public?—A. I do not. 

Q. Did the board ever, at any time, exclude from the room in which it was con¬ 
ducting its work any person who requested that he might be present on his own 
behalf or as a representative of the Republican party, or in the interest of the col¬ 
ored voters of the county, to witness its proceedings?—A. They did not. 

Q. Did the board hold meetings in the year 1896 at the times and for the periods 
required by the registration law of the State?—A. They did. 

Q. Here is a copy of the registration law of South Carolina, approved March 5, 
1896; please look at section 7 of this act and state whether the board held its meet¬ 
ings in strict compliance with all the provisions of this section?—A. They did. 

Q. This section requires that the books shall be opened in each polling precinct 
for not less than one nor more than three days before August 1, 1896, and that three 
weeks’ notice of the same shall be published in a county newspaper; did the board 
comply with this requirement?—A. They did. 

Q. Did the board issue certificates to persons otherwise qualified who were not of 
age, provided they would attain their majority before the general election?—A. They 
did. 

Q. Did the board reject any applicants for registration on the ground that they 
had been convicted of any disqualifying crimes?—A. They did. 

Q. How many, if you remember, and what were their names?—A. Three, I think. 
Ben Davis, for larceny in three cases. He is the only one whose name I can remem¬ 
ber fully. I also remember one Allston, whose given name I don’t remember. 

Q. Have you any recollection of Archie Canteen, Joshua Gallant, and Jasper Rut¬ 
ledge being rejected for crime?—A. I have. Since hearing their names read, I do 
remember that they were rejected. 

Q. Do you remember any case in which the board of registration refused a certifi- 
cate where the applicant "read correctly, if he was otherwise qualified?—A. There 
was no such case. 

Q. Did the board in any case require the applicant to explain a section if he read 
it correctly?—A. They did not. 

Q. Do you remember what transpired when R. B. Anderson applied for a certificate 
of registration ?—A. I do. We asked him to read a section in the constitution, which 
he did. We then told him that he was in the convention which made the constitu¬ 
tion, and that we wanted him to explain that section to us. This was only a joke, 
and R. B. Anderson seemed to understand it as such, and he and the board laughed 
over it. 


384 


MURRAY VS. ELLIOTT. 


Q. What is R. B. Anderson’s occupation, and is he or not an intelligent man?—A. 
He is a school teacher I am informed, and a man of intelligence. 

Q. What position did he bold in the Republican party last year?—A. He was 
Republican Congressional county chairman, so I have been informed. 

Q. Was there any case in which the applicant for a certificate, having failed to 
read but explaining it properly, was rejected?—A. There was not. 

Q. Did you hear any of the Republican leaders of this county, at any time last 
year, publicly express any opinion as to the fairness or unfairness of the board of 
registration in passing upon applications for registration? If so, whom and where 
and what were the opinions expressed?—A. I did hear opinions expressed by Geo. 
W. Murray, the candidate for Congress from this district, G. E. Herriot, R. B. Ander¬ 
son. Herriot and Anderson said the board was very fair. 

Q. What did yon hear G. W. Murray say about it?—A. In a speacli at the court¬ 
house, when he referred to the registration in this county, he said, in substance, 
about this: “That so far as he could learn the board for Georgetown County was 
very fair,” and he urged the people to come on and register whether they had any 
poll-tax receipt or not. 

Q. Thomas Chance, a witness for the contestant, testified that the board rejected 
him for failing to read one word and did not require him to explain a section. Is 
that true?—A. It is not. 

Q. Samuel Singletou, a witness for the contestant, testified that he read the sec¬ 
tion submitted to him, but the board rejected him and did not even ask him to 
explain a section. Is that true?—A. It is not. 

Q. l r ou heard me read yesterday to Mr. Pauls the substance of the testimony given 
by Newton Fledgler, a witness for the contestant. Were the statements made by 
Fledgler true or not?—A. They were not. 1 remember Fledgler’s application and I 
am sure he failed to read. He tried three times and failed each time. 

Q. Y r ou heard me read to Mr. Pauls yesterday the substance of the testimony of 
Ned Mayrant that Mr. Pauls cursed him when he applied and the board gave him no 
opportunity to read. Is that testimony true?—A. It is not. 

Q. Did the board have office hours; and if so, what were they?—A. They did. 
From 9 a. m. to 3 p. m., as required by law. 

Q. Did the board ever close its books and deny to au applicant the right to be 
examined during its office hours?—A. They did not; but, to the contrary, we fre¬ 
quently kept open later than 3 o’clock. At Carvers Bay we kept open until 5 o’clock 
on one day. 

Q. Plenty Washington testified that he failed to read the section given him, but 
the board did not read one to him and ask him to explain it. Is that true?—A. It is 
not true. It has never been the case with our board. 

Cross-examination: 

Q. Mr. Lowrimore, you said that the first thing the board of registration did was 
to ask of the applicant for registration evidence of the payment of the poll tax. 
AVas this a rule of the board that the applicant must prove that he has paid his poll 
tax, or was it the law of this State?—A. It was the rule of the board as we under¬ 
stood the law. The board had legal advice to this effect. 

Q. You stated that J. A. Baxter, Z. D. Greene, R. B. Anderson, Geo. E. Herriot, and 
sometimes Frank Lawrence, frequently attended the sessions of the board, observing 
its manner of registering applicants for registration certificates. Did they not from 
time to time state to the board that the board did not deal fairly with some of the 
applicants ?—A. They did not. They frequently asked us to give an applicant a sec¬ 
ond trial. 

Q. Referring to R. B. Anderson, you stated that the board did request him to ex¬ 
plain the section of the constitution read by him when he applied for a certificate 
of registration, saying to him that he was a member of the constitutional conven¬ 
tion of 1895, and as a member of that body that they desired him to explain the 
section to them. What evidence can you produce that the board was joking with 
him and he so understood it?—A. Simply because he was a member of that body. 

Q. l r ou stated that G. E. Herriot, R. B. Anderson, and J. A. Baxter stated that they 
thought or believed the board was acting fair in issuing registration certificates. 
Isn't it a fact that they, and also Z. D. Greene, followed the board around the county, 
and at each place made requests that the board should be more fair?—A. They did 
not. They followed the board, but they did not make any such requests. 

Q. Y T ou said that the board opened its books at each polling precinct in the county 
within the time the law required the board to do so. Is that a fact?—A. It is. The 
board took legal advice as to what was a polling precinct, and opened the books at 
those places. 

Q. Are not those places in which the board opened its books townships or polling 
townships instead of polling precincts?—A. No; they are polling precincts. 

Q. Do you know at what place in Carvers Bay tke’board opened its books? Was 


MURRAY VS. ELLIOTT. 385 

t a township or a precinct?—A. I think it was botli. They were opened in No. 6 
township and at that polling precinct. 

Q. Do you know of your own knowledge, or otherwise, whether or not your board 
opened its books within Cedar Creek polling precinct?—A. I do. 

Q. At what place in Cedar Creek?—A. I don’t remember the name. 

Q. Was it at the Blakeley store?—A. I think it was. 

Q. Did your board advertise in any county newspaper the names of the polling 
precincts and the hours of the day its books would be open?—A. It did. 

Q. At what places on Sampit did your board open its books?—A. At or near Sam- 
pit Bridge. 

Q. Each day ?—A. Each day that was advertised for them to be there. 

Q. Did your board open its books in Lower Waccamaw precinct in the mouth of 
August, 1896?—A. We opened them at Lower Waccamaw according to law. 

Q. Did your board open its books at the Griers polling precinct?—A. We did. 

Q. Were you at the Pee Dee polling precinct the days the books of the board of 
registration were open there ?—A. 1 was. 

Q. Do you remember the occurrence of an attempted confusion or fuss commenced 
by the Republican applicants and voters on the ground that your board had issued 
a registration certificate on one of the days that it was there to a white Democrat 
without saying a single word to him, except to ascertain his name, age, and resi¬ 
dence, when he was unable to read the section of the constitution of 1895? 

(The counsel for the coutestee objects to this question on the ground that it is 
irrelevant and immaterial, and that if the counsel for the contestant desires to prove 
by this witness that the board admitted to registration a Democrat who was not 
qualified he should state to the witness the name of such Democrat.) 

A. I remember that they did raise a confusion in the yard. There was a white 
Democrat in the house at the time, and he passed the examination and we gave him 
his registration certificate. 

Q. Did not George E. Herriot approach the door of the building and state to the 
board that if it would act fair with Republican applicants there would be no dis¬ 
turbance?—A. No. 

Q. Do you regard the constitution of 1895 as the supreme law of the State of 
South Carolina?—A. I do. 

Q. Has that constitution been submitted to the citizens of South Carolina for 
ratification, as required by the constitution of this State that existed before it? 

(Counsel for contestee objects to this question upon the following grounds: First, 
because it is irrelevant; second, because it is not in support of any allegation in the 
notice of contest or in response to any allegation or denial in the contestee’s answer; 
third, because the best evidence on this point is the official journal of the proceed¬ 
ings of the convention and the records of the secretary of state’s office.) 

A. I don’t know. 

Q. Do you remember ever voting on the ratification of said constitution? 

(Counsel for contestee renews his objection.) 

A. No; I did not. 

Q. Was the opportunity or privilege ever offered you?—A. I don’t remember that 
it was. 

Q. You stated that your board held its sessions in issuing registration certificates 
in such manner as to prevent intrusion or interruption by the general public. Isn’t 
it a fact that your board met in stores and there issued certificates of registration 
when the public or customers went in and out at their own pleasure?—A. At no 
meeting at which I was present. 

Q. You remember the statement of Geo. E. Herriot to the board while at Carvers 
Bay, that the contestant in this case had secured his seat in the last Congress upon 
small grounds, and that if the board was not careful and fair he would have better 
opportunity in securing his seat in the next Congress, should it be necessary for a 
contest? 

(Counsel for the contestee objects to this question upon the ground that it is irrele¬ 
vant and immaterial.) 

A. I do not remember anything of the kind. 

Redirect examination: 

Q. Was the policy of the board in dealing with applicants liberal or strict?—A. 
Very liberal. 

Q. Did the board ever strain a point to admit a colored applicant?—A. Several 
times. 

Q. Do you remember that when I applied for a certificate the board jokingly ques¬ 
tioned my ability to read?—A. I remember it very distinctly. 

Q. When you say G. E. Herriot never asked the board to be more fair, do you mean 
to deny that he frequently urged the registration of applicants whom the board 
thought unqualified?—A. No. 

17745 - 25 



386 


MURRAY VS. ELLIOTT. 


Q. You mean simply to deny that be questioned the fairness and honesty of the 
board in dealing with applicants?—A. 1 do. 

Q. Where did the hoard hold its meetings in Carvers Bay?—A. Near the polling 
place in an unoccupied storehouse. 

Q. Did they hold any meeting which was attended by you at a store in which 
business was being transacted?—A. None that 1 was present at. 

J. C. Lowrimore. 

Sworn to before me this 19th day of March, 1897. 

[seal.] 1 Ross C. Davis, Notary Public. 

B. HUGER WARD, sworn, testifies: 

Q. Mr. Ward, please state your name, age, occupation, and place of residence.— 
A. B. H. Ward; age, 56; planter; Waccamaw, Georgetown County. 

Q. Were you a member of the county board of registration last year, and did you 
act in that capacity in the registration of voters ?—A. Yes. 

Q. Did the board hold meetings to register voters at the times and places and for 
the periods of time described by the registration law of 1896?—A. Y r es. 

Q. Did they give notice of their meetings by advertisement?—A. Yes. 

Q. Who acted as secretary of the board?—A. I did. 

Q. Please state as briefly as you can the successive steps of the board in receiv¬ 
ing and passing on applications for registration certificates.—A. First, the appli¬ 
cant was required to show his poll-tax receipt, then either to read a section of the 
constitution or to explain it when read to him. 

Q. Was he first required to read the section?—A. We asked him if he could read. 
If he said yes we gave him a section to read, and if he could not a section was read 
to him and he was required to explain it. 

Q. Did the board in every instance issue a certificate to the applicant if he either 
read the section correctly or explained it, provided he was otherwise qualified?—A. 
Y r es, certainly. 

Q. Was the policy of the board in dealing with applicants liberal or strict?—A. 
Y r ery liberal. 

Q. Was ample time allowed to every applicant to read or explain?—A. Yes; plenty 
of time. 

Q. If an applicant failed to explain a section when first read to him did the board 
ever read it over to him a second time?—A. Yes; sometimes three times. I hardly 
remember a case where it was not read at least twice. 

Q. Was it the practice of the board to tell a rejected applicant that he had the 
right to appeal to a court or judge from the decision of the board?—A. Y r es. The 
board may not have told everyone this, but I am sure that a majority of them were 
so informed. 

Q. When a section was read over to an applicant to be explained was it read very 
slowly, deliberately, and distinctly?—A. Yes. 

Q. Were the sections submitted to the applicants as a rule simple or difficult to 
read?—A. They were simple to read or explain. The easiest sections was picked 
out. 

Q. Did you ever hear any of the Republican leaders of this county express any 
opinion as to the fairness or unfairness of the board of registration in dealing with 
applicants? If so, by whom and what were the opinions expressed? 

(Counsel for contestant objects to the above question on the ground that the testi¬ 
mony of such Republican leaders is the best evidence to prove such a fact.) 

A. I have heard George E. Herriot and R. B. Anderson express opinions that they 
were satisfied with the way in which the registration was being conducted. 

Q. Were these leaders frequently present to observe the conduct of the board?—A. 
Yes. 

Q. Did the board hold meetings in the different precincts so as to afford the voters 
in each section of the county an opportunity to register?—A. Y r es; that is to say, we 
opened them at several of the precincts and at central locations convenient to the 
others. 

Q. Where did you open the books for Sandy Island, Upper Waccamaw, and Lower 
Waccamaw precincts?—A. At a dwelling house formerly known as the “ Academy,” 
about 1 mile from Waverly Mills, which was unoccupied at the time. 

Q. Was that a convenient point for those three precincts?—A. Y'es; about as con¬ 
venient as could have been selected for those three. 

Q. At what place did most of the voters from Lower Waccamaw apply for regis¬ 
tration?—A. Georgetown. 

Q. Did the board hold any meetings at public stores where business was going 
on?—A. We held a meeting at one store, Blakeley’s, in Cedar Creek precinct, but 
the store was kept very quiet; the board used unoccupied stores at Carvers Bay, Pee 
Dee, and Santee. 


MURRAY VS. ELLIOTT. 


387 


Q. Did the board hold its sessions in secret?—A. No; the public was not excluded 
entirely. 

Q. Did the board ever allow anybody to be present at its meetings except the 
applicants?—A. Yes. 

Q. Who and for what purpose?—A. Several people; don’t know for what they 
came. 

Q. Did you ever refuse to admit any representative of the Republican party who 
asked to be admitted?—A. Don’t remember. 

Q. Did you keep a list of the rejected applicants for registration?—A. Y"es. 

Q. Please examine this list and tell me if it was made by you.—A. Yes, sir. 

Q. What is that list?—A. It is a list of those who have been rejected by the board 
of registration. 

Q. Is it a correct list?—A. It is correct as possible. It might not be absolutely 
correct. 

Q. To the best of your knowledge and belief, if any rejected applicants have been 
omitted from that list, how many are omitted?—A. Not over twenty, if that. 

Q. How many names are there on that list?—A. Four hundred and twenty-four 
names. 

(Counsel for the contestee offers in evidence the list identified by the witness and 
the same is marked “Exhibit A.”) 

Q. Here is a list of the names of all the persons whose affidavits have been intro¬ 
duced in evidence in this case. Please tell me if you have compared this list with 
the list of rejected applicants to which you have just testified.— A. No, sir. 

Cross-examination: 

Q. In what newspaper did the board of registration publish the notice for its meet¬ 
ings at the different polling precincts in the county?—A. I think in the Georgetown 
Times and also by notices. 

Q. Did your board hold any meeting in Cedar Creek polling precinct?—A. I don’t 
know. 

Q. Did your board hold any meeting in Browns Ferry polling precinct ?—A. Yes. 

Q. Did your board hold any meeting in Potato Ferry polling precinct?—A. Yes. 

Q. Did your board hold any meeting in Griers polling precinct?—A. We held the 
meeting at a convenient point to this place. 

Q. Did your board hold any meeting in Choppee polling precinct?—A. We held 
the meeting at a convenient point to this place. 

Q. How far from this place, the Pee Dee store, is the lower end of Choppee polling 
precinct?—A. I don’t know. 

Q. How far from Pee Dee store, where the books were opened for the registration 
of voters, is the western end of Choppee polling precinct?—A. I don’t know. 

Q. How far is the academy on Waccamaw, where the books were opened for the 
registration of voters, is the lower end of Lower Waccamaw polling precinct?—A. 
About 11 or 12 miles. 

Q. How far is the academy on Waccamaw, where the books were opened for the 
registration of voters, is the upper end of Upper Waccamaw polling precinct?—A. 
About 9 or 10 miles. 

Q. Did your board at any time require applicants to produce a doctor’s certificate 
that they were so inane that they could not support themselves by manual labor, 
and as a proof that he was not entitled to pay poll-tax, before your board submitted 
them to an examination?—A. Yes; in two or three instances. 

Q. Do you regard the constitution of the State of South Carolina as the supreme 
law of the State?—A. I suppose so. 

Q. Have you ever voted on the ratification of the constitution of South Carolina 
made in 1895? 

(Counsel for the contestee objects to this question on the grounds previously 
stated when the same question was propounded to Mr. Lowrimore.) 

A. No; not as I know of. 

Q. Have you ever heard of any election for the ratification of the constitution of 
1895?—A. No. 

Q. Did not your board hold several meetings in the court-house while granting 
registration certificates, and at the same time W. H. Dorrill, county auditor, was 
writing up his books, and persons frequently went in to see him and passed right by 
the applicant while he was reading?—A. Y"es. But that did not interfere with the 
proper conduct of the examination of applicants. 

Q. Do you remember the attempted disturbance started by the Republican 
applicants and voters at the Pee Dee polling precinct on the ground that it was 
claimed by them that the board had issued a certificate of registration to a white 
Democrat"whose name was said to be Cooper, and who could neither read or write, 
without saying a single word to him, except to ascertain his name, age, and resi¬ 
dence? 


388 


MURRAY VS. ELLIOTT. 


(Counsel for the contestee objects to this question on the ground previously stated.) 

A. I remember the circumstances as related above; that is, I remember the dis¬ 
turbance, but we did not issue a certificate to the white man until he had explained 
the section submitted to him; the Republicans present were mistaken; they sup¬ 
posed we had issued the certificate before we had done so; I went to the door to 
explain to the crowd, and I met George Herriot coming in to see me; I explained to 
him that Mr. Pauls or Mr. Lowrimore had understood the applicant to say that he 
could read, and had requested me to prepare his certificate which I began to do, and 
the colored people present began to create a disturbance. It then appeared that the 
applicant had not said that he could read, and Mr. Pauls or Mr. Lowrimore submitted 
a section to him which he explained, and the certificate was then issued to him. 
When I made this explanation to Herriot he said that it was satisfactory. 

Q. How many members of the board were present on that occasion on that day ?— 
A. I am certain there were two; there might have been three. 

Q. Can you name the members who were present at the time?—A. Myself, and 
either Pauls or Lowrimore, or both. 

Q. Was it a rule of your board or the law of this State that you swear each 
applicant or have him to take an oath before issuing a registration certificate to 
him ?—A. I don’t remember. 

Q. Do you remember swearing any applicant who applied for certificates of regis¬ 
tration?—A. Personally, no. 

Q. Did you keep a record of the oath that was administered to each applicant?— 

(The counsel for the contestee objects to all these questions relative to the swear¬ 
ing of the applicants on the ground that they are irrelevant and immaterial, and not 
in support of any allegation in the notice of contest or in response to any issues in 
the case, there being no allegation that Democratic voters or persons who voted for 
Colonel Elliott were unlawfully registered.) 

A. Not that I know of. 

Q. Mr. Lowrimore stated that the first thing the board did when an applicant 
applied for a certificate of registration was to ask for evidence of the payment of his 
poll tax. The next step w as to submit to the applicant a section of the constitution 
to read, or explain if he could not read—that is, if the applicant produced his poll- 
tax receipt, and if the section submitted w as properly read or explained the certifi¬ 
cate was issued. Is that true?—A. Yes. 

Q. Then at what stage was the oath administered?—A. In the proper time. 

Q. What time did your board consider the proper time for administering the oath 
to the applicant?—A. During the examination of the applicant. 

Q. Please state at what stage of the examination.—A. At the beginning or early 
part of the examination. 

Q. What part of the examination do you call the early part of the examination ?— 
A. The first part. 

Q. What jiart was the first part? 

(Counsel for the coutestee objects to these questions upon the ground that they 
are absolutely irrelevant and immaterial, and their evident purpose is not to elicit 
the truth, but to harrass and annoy the witness and protract the examination unrea¬ 
sonably, and they are therefore unbecoming and in violation of all the laws of pro¬ 
priety injudicial proceedings.) 

A. Between the first and middle. 

Redirect: 

Q. What was the board’s reason for requiring from applicants in two or three 
instances a doctor’s certificate of their inability to earn a support?—A. Because by 
looking at them we could not tell whether they were able to earn a support or not. 

Q. Would you not consider any time before issuing a certificate to a voter the 
proper time to administer the oath to him, whether it was at the beginning or in the 
middle or at the end of the examination?—A. Yes. 

Counsel for the contestant consents that the above testimony shall be subscribed 
by the witness, B. H. Ward, without first being read over to him. 

B. H. Ward. 

Sworn to before me this 19th March, 1897. 

[seal.] Ross C. Davis, Notary Public. 


Alston, Mitchel. 
Alston, Isaac. 
Allston, York. 
Allston, Joe. 
Allston, Nat. 
Ash, Frank. 
Alston, Toney. 
Arnell, Joe. 


Exhibit A.—Ross C. Davis, notary public. 


Allston, Isaac, jr. 
Alston, March. 
Armstrong, Isaac. 
Allen, David. 

Alston, William. 
Anderson, Alex. 
Armstrong, Monday. 
Armstrong, Toney. 


Armstrong, Fortune. 
Brown, Harry. 
Brown, Simon. 

Bey, Virgil. 

Brown, Samuel. 
Brown, Watson. 
Bolls, Tobey. 

Brown, William. 


Bonneau, Shedreck 
Bessilieur, Morris. 
Bey, Henry. 
Brown, Sol. 

Brown, John. 

Bird, Harry. 
Brown, Peter. 
Brown, Jinkins. 


MURRAY VS. ELLIOTT. 

Exhibit A—Continued. 


Bees, Isaac. 

Brown, Abram. 
Booking, Moses. 
Beaufort, March. 
Brown, Paul. 

Brown, John. 
Brownfield, Tobey. 
Bryant, Peter. 

Berkum, Preston. 
Burgess, West. 

Bethea, Peter. 

Briggs, Sampson. 
Brockington, Carolina. 
Chance, Scipio. 

Can tee, Joe. 

Canteen, Archey. 
Cultino, Charles. 
Conyeis, Marsh. 
Choen, Melvin. 
Coaxum, Prince. 
Coachman, Israel. 

Carr, Peter. 

Cooper, Weston. 
Cultino, Elvin. 

Canty, James. 

Chance, Thomas. 
Coley, John. 

Canteen, Cudjo. 
Collins, Brutus. 
Collins, Moses. 
Commander, Henry. 
Cooper, Edward. 

Carr, Johney. 

Carr, Cupid. 

Carr, Moses. 

Cultino, William. 
Castle, Ben. 

Deas, Drayton. 
Daniels, Peter. 
Dickirson, Ashly. 
Deas, Sandy. 

Dekine, Paul. 

Davis, Elias. 

Davis, Him rod. 

Deas, Caesar. 

Deas, Cupid. 

Davis, Robert. 

Danby, Sam. 

Davis, Jessie. 

Davis, Lewis. 

Davis, Caesar. 
Dennison, Cupid. 
Dekine, Paul Henry. 
Davis, Robert. 

Dines, Jeff. 

Dickerson, Joshua. 
Easterling, W. H. 
Evins, Richard. 

Evins, S. S. 

Evins, Sam. 

Edwards, Cuffee. 
Elerly, Douglas. 
Evans, Isaac. 

Elerly, Edward. 

Ford, Hector. 

Funy, David. 

Fyall, Noton. 

Frost, Dandy. 

Ford, James. 

Fladger, Newton. 
Frost, Caleb. 

Fraser, Ben. 

Ford, Albert. 

Ford, Fredrick. 

Fraser, Albert. 

Fraser, Stepney. 

Ford, Aaron. 
Fryerson, Seymore. 
Funny, London. 
Fraser, Cain. 

Frost, July. 

Funny, Cato. 

Ford, Adam. 

Franklyn, Edward. 
Ford, June. 

Grant, William. 


Gibbs, Robert. 

Green, Ropell. 

Green, Abram. 

Green, John. 
Goodwine, Nathan, 
Grant, Ishmaell. 
Gilliard, Toney. 
Goodwine, Elijah. 
Gibbs, John. 

Grant, Marcus. 
Golden, Prince. 
Green, Fortune. 
Great, Mandson. 
Great, David. 

Grant, West. 
Gremmage, Dick. 
Gillant, Joshua. 
Green, David. 
Godson, Sunnun. 
Gibbs, Scipio. 

Gibson, Albert. 
Green, Marion. 

Green, Peter. 
Gourdine, Virgil’. 
Green, Steward. 
Green, Toney. 

Gibbs, Robert. 
Gadsden, Jeff' C. 
Grant, Edward. 
Grant, Lawrence. 
Grant, Francis. 

Gary, Washington. 
Gilliard, Summer. 
Gary, Cyrus. 
Gourdine, Fortune. 
Gurnell, Charley. 
Gadsden, James. 
Grant, Cyrus. 

Green, Monday. 
Great, July. 

Green, Jim. 

Grant, James. 

Green, Thomas. 
Gibbs, Adam. 

Great, Harry. 

Green, Philander. 
Green, Sam. 

Green, Philander. 
Green, Joe. 

Gressett, Jack. 
Golden, Stepney. 
Hambleton, W indsor. 
Happy, Jonas. 
Holmes, Cain. 
Haynes, William. 
Harriot, Tom. 
Henderson, Richard. 
Heddleston, Henry. 
Hambleton, Sike H. 
Heyward, Caesar. 
Heyward, James. 
Hudson, Vincent. 
Hernot, Stepney. 
Herriot, Ralph. 
Hume, Simon. 
Holmes, Joseph. 
Hume, Blake. 
Heyward, Mathias. 
Herriot, July. 

Horry, A. W. 
Hollington, Prince. 
Hailes, Joshua. 
Horry, Define. 
Howard, Elijah. 
Holmes, Toney. 
Heyward, Friday. 
Izard, Edmund. 
Irons, Mathew. 

Irons, John. 

Jackson, Daniel. 
Jones, J. H. 

Johnson, Rutledge. 
Jerdon, Dandy. 
Johnson, Walker. 
Jinkins, William. 
Johnson, Sam. 


Jones, Johney. 

Johnson, William. 
Jinkins, Israel. 
Jennerutt, Sam. 

Jordon, Adam. 

Johnson, Floyd. 

Johnson, Wade. 

Jinkins, Skillin. 
Johnson, Charles. 
Johnson, Julias. 
Johnson, Noah. 

Jinkins, Jack. 

Johnson, James. 
Jackson, William. 
Johnson, Francis. 
Kinloch, Buster. 

Keith, Joe. 

Keith, Edward. 
Kershaw, Jock. 

Knox, Alex. 

Kinloch, Daniel. 
Lawence, Moses. 

Ladson, Hammond. 
Lawerence, Douglas. 
Lyde, Fred. 

Lawerence, Esau. 
Lowder, Remington. 
Lawerence, Ben. 
Lawerence, George. 
Ladson, Chance. 

Lance, George. 

Lance, Robert. 

Ladson, Simon. 

Lance, John. 

Legare, Peter. 

Langley, Henry A. 

Lee, John. 

Logan, Frank. 

Lance, Cuffee. 

Moultry, George. 
Manigault, Henry. 
Mitcliel, Wm. S. 

Myers, John. 

Myers, James. 
Middleton, Henry. 
Mitchel, Alonzo. 

Myers, John. 

Moultry, Israil. 

Myers, Billy. 

Major, Primus. 

Myers, Sam. 

Mishow, John. 

Mock, Lewis. 

Mannock, J ames. 
Mannock, Freeman. 
Mitchel, Joe. 

May rant, Ned. 

Myers, Napoieon. 
Mavbank, Robert. 
Maybank, Jacob. 

Mikel, Henry. 

Mazyck, Alex. 

Mitchel, Isaac. 

Mack, John. 

Moultry. Rich., jr. 
Moore, Cyrus W. 
McGirt, Simon. 
McCants, Henry. 
McPherson, Peter. 
McCants, Vandorn. 
McNight, Cain. 

McNeal. JemnersoD. 
McDaniel, John. 
McNight, Julius. 
Mitchel, Samuel. 

Miller, Ben. 

Murrell ^Murray), Shaw. 
Moultry, Romeo. 
Manigault, Ham. 
McGirt, Isaac. 

Martin, John. 

McGirt, John. 

Mitchel, Israel. 

Nelson, Isaac. 

Nesbet, William. 

Noble, Collins. 


389 


Nelson, Cupid. 

Palmer, Tom. 

Pioss, Richard. 

Palmer, Amos. 

Pyatt, Henry. 

Parker, Jacob. 

Parker, Nat. 

Parker, Edward. 
Parker, Henry. 

Pringle, Rubin. 

Philips, William. 
Parson, J. B. 

Pringle. Allen. 

Pyatt, Ambrose. 
Pinckney, Dandy. 
Price, Stephen. 

Parker, Primus. 
Palmer, Abner. 

Paris, Henry. 

Pyatt, Phoebus. 

Pontoo, Homer. 
Pinckney, John. 

Prior, Sam. 

Pyatt, Alex. 

Pyatt, William. 
Richard, George. 

Rue, James. 

Read, London. 
Rothmoller, Richard. 
Rutledge, Jasper. 
Kevin, G. C. 

Rainey, Dick. 

Reid, Henry. 

Rutledge, Lincoln. 
Richard, Sampson. 
Richardson, Joseph. 
Revins, Jacks. 
Richards, George. 
Robertson, Starling. 
Richards, Dick. 
Ribbins, Andrew. 
Richardson, Primus. 
Reese, Gifferd. 

Reese, William, jr. 
Robertson, Frank. 
Reid, Henry. 

Rlioad, Andrew. 

Reese, Baptist. 
Robertson, Archey. 
Rutledge, Frank. 
Rutledge, Cyrus. 
Rutledge, Isaac. 
Richardson, Thimothy. 
Read, Philander. 
Richardson, Timothy. 
Reid, Amos. 

Stell, Ben. 

Sherold, March. 
Sumpter, Tobey. 

Smith, James. 
Simmons, Morris. 
Stewart, Andrew. 
Snipe, William. 

Smalls, Quash. 

Seward, William. 
Skinner, Charley. 
Smalls, Sam. 

Small, Agrippa. 

Smith, Solomon. 
Swinton, John. 

Small, Hampton. 
Singleton, Samuel. 
Simmons, James. 
Singleton, Isaac. 
Singleton, Sammy. 
Singleton, Stephen. 
Small, Melvin. 

Skinner, Jabez. 

Small, Joe. 

Small, Hammond, jr. 
Sparkman, James. 
Small, Isiali. 

Sessions, Sim. 

Sindali, David. 
Simmons, William. 
Shackelford, Richard. 


390 


MURRAY VS. ELLIOTT. 


Exxibit A—Continued. 


Simmons, William. 
Screnia, Bill. 

Sumpter, David. 
Sumpter, James. 
Sumpter, March. 
Sumpter, Adam. 
Sumpter, Stephen. 
Steward, Bill. 
Singleton, Soypio. 
Spap (Spann), Henry. 
Small, Isaac. 

Smith, Friday. 


Small, Jack. 
Singleton, Stepey. 
Smith, Prince. 

Small, John. 

Vareen, Moses. 
Vanderhorsh, Caesar. 
Vareen, John. 

V areen, J oe. 

Vareen, Daniel. 
Waring, Samuel. 
White, Caesar 
Walker, May burn. 


Washington, Hines. Wallace, Jacob. 
Walker. Lewis. Williams, Isaac. 

Wyatt, George. Weston, Boney. 

Waldo, Cato. Washington, Charles. 

Washington, Hammond. Ward, Moses. 
Washington, Scipio. Williams, John. 
Wright, Andrew. Wright, Minus. 

Washington, Duke. Walker, George. 
William, Frank (F. W.) Wragg, Moses. 
Watson, Osman. Williams, Lorenzo. 

Washington, Samuel, jr. Young, Philip. 
Wright, Abney. Young, Sam. 


These are all the names of those who we have rejected during the year. 

B. H. Ward. 


At this point Mr. W. B. Arnhalter was requested by me to write down the depo¬ 
sitions of the witnesses in my presence, on account of the fatigue caused me by 
writing for so long a time. 

Ross C. Davis, Notary Public. 

THOMAS FORD, sworn, testifies: « 

Q. State your name, age, residence, and occupation.—A. Thomas Ford; 56; Black 
River, Georgetown County; planter. 

Q Did you act as a manager of the Federal election at Pee Dee precinct, in this 
county, in 1896?—A. Yes. 

Q. Did the board of managers reject any white persons offering to vote because 
they had no registration certificates?—A. None applied to vote who had no certifi¬ 
cates. 

Q. Did the board permit any person to vote who had not a registration certifi¬ 
cate?—A. No. 

Cross-examination: 

Q. Did the board reject anyone from voting because he had no registration certifi¬ 
cate?—A. I did reject one under age; the balance of those who did not vote did not 
apply to vote, but simply begged me to take down their names, which I did, and 
handed in with my returns. 

Q. Did they not give you their names as persons desiring to vote?—A. No, sir; 
they simply gave me their names to take down. A few of them did say, “ Take my 
name, sir, for Murray.” 

Q. You said you took their names on a list and sent them in with your returns. 
When did you make the list you examined just now?— A. Between the opening and 
closing of the poll, during the election. 

Q. Were you at the poll from the opening to the closing?—A. I opened the polls 
and closed them. 

Q. Did you not leave the poll while voting was in progress?—A. No. 

Q. Have you any idea what was the object of those parties who gave you their 
names when some of them said, “Take my name, sir, for Murray?” 

(Counsel for the contestee objects to this question on the ground that it is irrele¬ 
vant, and the witness can not be supposed to know the motives of men unless they 
express them, and the witness’s idea as to their motives is immaterial and incompe- 
tent testimony even if he wished to state it.) 

A. I didn’t consider it my business to inquire into their thoughts, so took no 
interest in it at all and asked no questions. 

Q. AVhy did you take their names, then?—A. I was requested by Colonel Elliott, 
through Mr. John Carraway, to keep a list of those who did not vote. 

Redirect examination: 

Q. Are you sure that none of these men, except the minor whom you rejected, 
asked to be allowed to vote?—A. Yes; I am sure none of them asked to vote. They 
simply came up and begged to have their names recorded. 

Thos. Ford. 

Sworn to before me this 19th March, 1897. 

[seal.] Ross C. Davis, Notary Public. 

T. R. SPIVEY, sworn, testified: 

Q. Please state your name, age, residence, and occupation.—A. T. R. Spivev; 27; 
Eddy, S. C.; farming. 

Q. Did you act as the clerk of the board of managers of the Federal election at 
the Carvers Bay precinct in this county last year?—A. I did. 

Q. Were you present at the poll all day or doing the whole of the election?— 
A. I was. 


MURRAY VS. ELLIOTT. 


391 


Q. Did the managers at that poll reject any white persons who offered to vote on 
the ground that they had no registration certificates ?—A. They did. 

Q. Please state how many, if you remember.—A. Two. 

Q. Were they Democrats'?—A. I don’t know. 

Q. Did the board of managers allow any person to vote who had no registration 
certificate?—A. No, sir. 

Cross-examination: 

Q. Did the board of managers reject any Republicans on the ground that they 
had no registration certificates?—A. They did. 

Q. Did any Republicans apply to vote whether they had registration certificate 
under the new constitution or not? 

(C ounsel for contestee objects to this question on the ground that it is irrelevant, 
and the witness can not be supposed to know whether the applicants had certificates 
or not, unless they so stated to the managers in the presence of the wituess at the 
time.) 

A. Some applied who had no certificates. 

Q. Had you ever voted, or do you know of any voting having been done at any 
popular election to ratify the new constitution of this State, made in the year 1895?— 
A. No; not if I understand the question aright. 

Q. I mean to ask you by that if you ever voted to ratify the new constitution, or 
know of it having been done in any part of this State? 

(Counsel for the contestee objects to these questions on the grounds previously 
stated.) 

A. Not that I remember. 

T. R. Spivey. 

Sworn to before me this 19th day of March, 1897. 

[seal.] Ross C. Davis, Notary Public. 

f 

J. J. EVANS, sworn, testified: 

Q. Please state your name, age, residence and occupation.—A. J. J. Evans; 61 
years; Black River; farmer. 

Q. Did you act as a manager of the Federal election at the Black River preciuct in 
1896?—A. I did, sir. 

Q. Were you at the poll during the whole day?—A. I was, sir. 

Q. Did the managers reject any white person offering to vote at that poll on the 
ground that he had no registration certificate?—A. I don’t remember any. 

Q. Is Ben Jacobs a white man?—A. 1 don’t know whether he is or not. 

Q. Did the board allow any person to vote who had no registration certificates?— 
A. No, sir. 

Cross-examination: 

Q. Did the board of managers reject any Republicans from voting on the ground 
that they had no registration certificate?—A. Yes, sir; I suppose they were Repub¬ 
licans ; they were colored people. 

Q. Did the board reject other persons offering to vote whether they were Repub¬ 
licans or not—that is, without a registration certificate?—A. They rejected all, 
whether they were Republicans or Democrats, without registration certificates. 

Q. All the Democratic voters who offered to vote at the last election had their 
registration certificates, had they not?—A. All at that poll. 

Q. Have you ever voted at any popular election to ratify the new constitution of 
1895? 

(Counsel for the contestee renews his objection to this question, on the grounds 
heretofore stated.) 

A. Yes, sir. 

Q. When was such an election held?—A. I don’t recollect, sir, when it was. 

Q. Was there an election held in this State in any part of December, 1895, to ratify 
the new constitution? 

(Counsel for the contestee renews his objection to this question, and asks that his 
objection be considered as applying to all questions relative to the ratification of 
the new constitution.) 

A. Not that I know of, sir. 

Redirect: 

Q. When you said that you had voted at an election to ratify the new constitu¬ 
tion, did you not mean to say that you had voted on the question of holding a con¬ 
stitutional convention?—A. That's what I meant. 

Q. Then you never voted on the acceptance of the new constitution, and you don’t 
know of any such election?—A. I did not. 

J. J. Evans. 
Ross C. Davis, Notary Public. 


Sworn to before me this 19th March, 1897. 
[seal.] 


392 


MURRAY VS. ELLIOTT. 


H. T. GREEN, sworn, testifies: 

Q. Please state your name, age, residence, and occupation.—A. H. T. Green; age, 
50 years; Black River, Georgetown County; and my occupation is farming and saw¬ 
milling. 

Q. Did you act as a manager of the Federal election at the Black River precinct 
in this county last year?—A. I did, sir. 

Q. Did the managers permit any person to vote who had no registration certifi¬ 
cate—white or colored, Democrat or Republican?—A. No, sir. 

Q. Did they reject any white voters on the ground that they had no certificates?— 
A. No, sir: Mr. J. J. Johnson had no tax receipt with him, and the board would not 
allow him to vote, although he had his certificate of registration, and then he went 
home and got his tax receipt, and he was allowed to vote. The same thing hap¬ 
pened with Mr. S. F. Carraway. 

Q. Are these two men white men and Democrats?—A. They are white men, and I 
suppose they are Democrats. There were other white men at the polls, but when 
they heard that they could not vote without certificates they never offered to vote. 

Cross-examination: 

Q. All the white men who offered to vote at the Black River precinct in the last 
election had their registration certificates, had they not?—A. All who voted had 
their certificates and fax receipts. 

Q. What time during the day did you leave the voting precinct?—A. We closed 
the polls at 4 p. in., and left as soon as we finished counting the votes. 

Q. Were you at the polls all day while the election was in progress?—A. I went 
to the polls at 6 o’clock in the morning, and left when we got through counting the 
votes. 

Q. Have you ever voted at any popular election held in this State to ratify the 
new constitution ? 

(Counsel for contestee renews his objection.) 

A. Not that I know of. 

Q. Do you know of any such election ever having been held in this State to ratify 
the new constitution? 

(Counsel for the contestee renews his objection.) 

A. I do not. 

H. T. Green. 

Sworn to before me this 19th day of March, 1897. 

[seal.] Ross C. Davis, Notary Public. 

C. E. EVANS, sworn, testifies: 

Q. Please state your name, age, residence, and occupation.—A. Charles E. Evans; 
age, 29; Black River, Georgetown County; my occupation is that of farmer. 

Q. Did you act as a manager of the Federal election at the Potato Ferry precinct 
in the last election?—A. I did, sir. 

Q. Were you at the polls all day?—A. I was, sir. 

Q. Did you act as clerk of the board?—A. I did, sir. 

Q. Did the managers allow any person to vote at that poll on that day who had no 
registration certificate?—A. They did not. 

Q. Were there any white men present at the poll that day who could not vote 
because they had no registration certificate?—A. Yes, sir. 

Q. Can you tell me the names of some of them?—A. H. C. Bains, T. H. Cox, W. D. 
Wall, and D. B. Ethridge; also a mulatto man named Robert Cumber, who has been 
a Democrat for many years. 

Q. Are you sure these men were there that day?—A. Yes, sir. 

Q. Did they vote?—A. No, sir. 

Q. Why?—A. Because they had no registration certificate. 

Cross-examination: 

Q. Have those white men whom you name as not being able to vote because they 
had no registration certificates been citizens of this State and county all their lives ?— 
A. I don’t know whether they have or not. 

Q. How long have you known them ?—A. Have known some of them for four years; 
some of them not quite so long. 

Q. Do you know whether or not they had been convicted of any crimes? 

(Counsel for the contestee objects to this question, on the ground that it is irrele¬ 
vant and immaterial.) 

A. No; I don’t know. 

Q. How long have they been living in Potato Ferry precinct?—A. I don’t know. 

Q. How long have you been living there?—A. All my life. 

Q. Do yon know whether or not those men take any interest in politics or in 
voting? 


MURRAY VS. ELLIOTT. 393 

(Counsel for contestee objects to this question, on the ground that it is irrelevant 
and immaterial. 

A. No, sir; know nothing about it. 

C. E. Evans. 

Sworn to before me this 19th day of March, 1897. 

[seal.] Ross C. Davis, Notary Public. 

GILBERT JOHNSON, Jr., sworn, and testified: 

Q. State your name, age, residence, and occupation.—A. Gilbert Johnson; my age is 
29 years; my residence is on Black River, Georgetown County, and my occupation 
is woods rider on turpentine farm. 

Q. Did you act as a manager of the Federal election at the Choppee polling pre¬ 
cinct last year?—A. I did. 

Q. How long were you at the polls that day?—A. The whole day. 

Q. Did the managers at that poll permit any person to vote without a registration 
certificate?—A. No, sir. 

Q. Did the managers refuse to allow any white persons to vote?—A. One. 

Q. For what reason?—A. He did not have his tax receipt, but he went home and 
got it and brought it back and then voted. 

Q. Who was that?—A. T. M. Carraway. 

Cross-examination: 

Q. Did the managers refuse to allow any Republican who had no registration 
certificate on the day of election to vote?—A. I suppose so; they were colored per¬ 
sons. 

Q. Are only colored people Republicans in this county?—A. I reckon there are 
some whites. 

Q. Do you not know that a good many Democrats voted the Republican ticket in 
the last election ?—A. No. 

Gilbert Johnson, Jr. 

Sworn to before me this 19th day of March, 1897. 

[seal.] Ross C. Davis, Notary Public. 

At 8 p. m. an adjournment was taken until 11 a. m. Saturday, March 20, 1897. 

Georgetown, S. C., March 20, 1897. 

The examination of witnesses was resumed this day at 11 a. m. 

J. ALLSTON GRIER, sworn, testifies: 

Q. Please state your name, age, occupation, and residence.—A. J. Allston Grier; 
age, 50 years; merchant; my residence, Yauhannah, Georgetown County, S. C. 

Q. Did you act as a manager at the Federal election at Griers polling precinct, in 
this county, last year?—A. I did. 

Q. Who acted as clerk of the board?—A. I did. 

Q. Did the managers at that poll permit any person to vote who had no registra¬ 
tion certificate?—A. No. sir. 

Q. Were there any white men and Democrats present at the poll that day who 
could not vote because they had no registration certificates?—A. No; I don’t know 
of any. Mr. Ambrose did not vote because he did not have his certificate with him. 

Q. Was there any Republican on the board of managers? If so, what was his 
name?—A. Yes, sir. His name was R. H. Skinner. 

Q. Did the board of managers reject any person offering to vote who had a regis¬ 
tration certificate?—A. They did not. 

Cross-examination: 

Q. Were you at the poll all day?—A. Yes; all day. 

Q. Did your board reject any Republicans from voting because they had no regis¬ 
tration certificate?—A. We rejected all that did not have registration certificates. 

Q. Did all the Democrats who offered to vote at that poll have registration cer¬ 
tificates?—A. Yes, sir. 

J. Allston Grier. 

Sworn to before me this 20th day of March, 1897. 

[seal.] Ross C. Davis, Notary Public. 

J. Z. McCONNELL, sworn, testified: 

Q. Please state your name, age, occupation, and residence.—A. J. Z. McConnell; 
my age is 62 years; my occupation is farmer, magistrate, and my residence is Sampit, 
Georgetown County, S. C. 


394 


MURRAY VS. ELLIOTT. 


Q. Did you act as a manager or as clerk of the board of managers at the federal 
election in Sampit precinct in 1896?—A. I acted as clerk. 

Q. Did the managers at that poll on that daj r allow any person to vote who had 
no registration certificate?—A. No, sir. 

Q. Were there any white Democrats at the poll who could not vote because they 
had no registration certificates?—A. Yes; I saw several who had no registration 
certificates and who did not offer to vote for that reason. Some of them asked me 
about it, and I advised them that it was no use to try to vote, as the managers could 
not allow them to do so without a certificate. None of them, so far as I can remember, 
off ered to vote. 

Q. Was it generally understood among the whites who were present that it was 
useless for a man who had no certificate to try to vote?—A. That was the general 
understanding. 

Q. Did the managers reject any person offering to vote if he had a registration 
certificate?—A. No. 

Q. Was either member of the board of managers a Republican? If so, what was 
his name?—A. There was one member of the board a Republican, and his name was 
D. H. Drayton. 

Q. Were you present at the poll on that day from the opening of the polls until 
the close?—A. Yes; in and about the polls all day. 

Q. Will you mention the names, if you can remember any of them, of some of the 
white Democrats who could not vote because they had no certificates?—A. I don't 
think I can remember the na.ttes of any of them now. 

Q. Are you sure, then, that there were several who could not vote?—A. I am posi¬ 
tive of it. 

Cross-examination: 

Q. Do you know whether or not those white Democrats who did not vote or offered 
to vote because they had no registration certificate had applied for any?—A. I can’t 
say whether they applied for any or not; I don't know that. 

Q. How far from the poll was the house in which you went to dinner?—A. About 
30 or 40 feet. 

Q. How long were you at dinner?—A. About ten or fifteen minutes. 

Q. Were there any Republicans rejected because they had no certificates to vote 
with?—A. Yes. 

Q. Please state how far from Sampit Bridge is the Blakeley store. —A. It is about 
4 miles. 

Q. Please state how far from Blakeley's store is the western end of Cedar Creek 
polling precinct.—A. Ten miles. 

Q. Have you ever voted on any popular election held to ratify the new constitu¬ 
tion of the State of South Carolina, made in the year 1895? 

(Counsel for the contestee objects to this question on the grounds heretofore stated 
in reference to the same question when propounded to other witnesses, and inter¬ 
poses the same objection to all questions which may be addressed to the witness 
relative to the ratification of the new constitution.) 

A. No. 

Q. Do you know whether or not those white Democrats who did not vote at the 
last election because they had no registration certificates were in this State during 
the time the books were open for the issuing of registration certificates?—A. Yes; 
I know some were. Some have never been out of the State, and some of them live 
within a mile of the polling place. 

Q. Did you apply for your certificate of registration at the court-house, in this 
county, or at Sampit Bridge?—A. At the court-house. 

Redirect examination: 

Q. When you went to dinner on the day of election was the voting brisk or 
slack?—A. It was slack. 

Q. Had or had not the bulk of the voting been done before you went to dinner?— 
A. The voting was about through when I went to dinner. 

Q. So far as you can remember, how many persons voted during your absence at 
dinner?—A. Not more than three, to the best of my knowledge. 

Q. How did you know that, by the poll list?—A. \ r es; by the poll list. 

Q. You were asked on the cross-examination if the white Democrats who could 
not vote on that day because they had no ceistificates w r ere in the State when the 
registration books were open. Do you know that any of them were out of the State 
during that time?—A. None that I know of. 

J. Z. McConnell. 

Sworn to before me this 20th day of March, 1897. 

[seal.] Ross C. Davis, Notary Public. 

At 12.30 p. m. a recess was taken until 2 p. m. 

The taking of testimony was resumed at 4.15 p. m. 


MURRAY VS. ELLIOTT. 


395 


J. H. WOODWARD, sworn, testifies: 

Q. Please state your name, age, occupation, and residence.—A. J. H. Woodward; 
age, 27; my occupation is fisherman and farming, and my residence is Murrells Inlet, 
Georgetown County, S. C. 

Q. How far do you live from Georgetown?—A. 25 miles. 

Q. Did you act as a manager of the Federal election at the Upper Waccamaw pre¬ 
cinct, in Georgetown County, last year?—A. I did. 

Q. Was one of the managers a Republican? If so, what was his name?—A. Yes; 
his name was London Read. 

Q. Did the managers allow any person to vote who had no registration certifi¬ 
cate?—A. No. 

Q. Did they exclude anybody from voting who had a certificate?—A. The managers 
rejected one voter because he had no tax receipt; we told him if he would go home 
and bring his tax receipt we would let him vote. 

Q. Were there any white Democrats at the polls that day who could not vote 
because they had no registration certificates?—A. One. 

Q. What was his name?—A. Samuel S. Dusenberry. 

Q. Were you at that poll during the whole of the election on that day?—A. I was. 

Cross-examination: 

Q. Were any Republicans rejected on the day of the election when they offered to 
vote at your poll because they had no registration certificate?—A. Yes. 

Q. Do you know whether or not Mr. S. S. Dusenberry had applied for a registra¬ 
tion certificate?—A. I do not. 

Q. What hour during the day, while the election was in progress, did you take 
your dinner?—A. We ate a little lunch at the polls about 12 o’clock. 

Q. Did either one of the managers leave the poll during the day while the election 
was in progress ? 

(Counsel for the contestee objects to this question on the ground that it is irrele¬ 
vant and immaterial, because it makes no difference so far as the testimony of this 
witness is concerned Avhether either of the other managers was absent from the poll 
at any time during the progress of the election, this witness having already testified 
that lie himself was present from the time of the opening to the time of the closing 
of the polls; and upon the further ground that it is not in response to any allegation 
in the notice of contest, there being no claim on the part of the contestant that the 
election was unfairly or irregularly conducted at any precinct in this county.) 

A. Not to my knowledge. 

Q. Did any Republicans offer to vote at your poll on the day of election who had 
no registration certificate?—A. Yes. Several came to vote, and when we asked for 
their registration certificates they said they had none, and London Read sent 
them on. 

Q. What did you say your name was?—A. James H. Woodward. 

Q. How long have you been a citizen of this State?—A. Twenty-seven years. 

Q. What was the object of the board of managers in refusing to allow persons to 
vote who offered to do so because they had no tax receipts?—A. It was our instruc¬ 
tions from the executive committee. 

Q. What executive committee?—A. Mr. Hazard and the men who appointed us as 
managers. 

Q. Was that instruction in writing?—A. It was in print. 

Q. Wasn’t the presentation of the registration certificate proof that the poll tax 
had been paid, inasmuch as said certificate would not have been issued by the board 
of registration if the tax had not been paid? 

(Counsel for contestee objects to this question upon the following grounds: First, 
because it is irrelevant and immaterial; second, because the witness was a ministe¬ 
rial officer whose duty it was to be guided by the printed instructions given to him 
by his superior officers under the law. He, as well as the other managers, therefore, 
had no discretion in the matter; third, because the question involves a proposition 
of law, as to which it is not competent to ask the witness’s opinion, since he is not 
testifying as a legal expert; fourth, because the witness’s opinion on the legal prop¬ 
osition suggested by the question is irrelevant and immaterial; fifth, because the 
question is not in support of any allegation in the notice of contest, which contains 
no charge that any voters who would have voted for the contestant were excluded 
from voting in the manner suggested by the question; sixth, because the question 
is not in response to any allegation or denial in the answer of the contestee.) 

A. No, sir. 

Q. Have you ever voted at any popular election held in this State to ratify the 
new constitution made in the year 1895? 

(The counsel for the contestee renews the objection heretofore made to this ques¬ 
tion upon the grounds already stated, and asks that the objection be considered as 


396 


MURRAY VS. ELLIOTT. 


applying to all questions on the same subject which may be addressed to this 
witness.) 

A. No, sir. 

Q. Do you know if any such election has ever been held in this State to ratify the 
new constitution?—A. I do not. 

Redirect examination: 

Q. You stated in your cross-examination that the managers had rejected some 
Republicans because they had no certificates. Do you know of your own knowledge 
that they were Republicans?—A. I do not, further than that they were colored peo¬ 
ple, and the colored people generally vote the Republican ticket. 

Q. You stated that some Republicans applied to vote who had no registration cer¬ 
tificates. Do you know of your own knowledge that they were Republicans?—A. 
No, sir; not further than what I have just stated. 

Q. You said in your cross-examination that you had instructions from the execu¬ 
tive committee. Did you mean by that the commissioners of election?—A. Yes. 

Q. Who were the commissioners of election?—A. One was Mr. A. P. Hazard, and 
I have forgotten the other two names. 

Q. Were not the other two J. H. Loyal and Frank Woodbury?—A. J. H. Loyal 
was one, I think, but I am not sure about the other. 

Q. Did you receive the instructions from Mr. A. P. Hazard?—A. They were given 
to us in the ballot boxes. 

J. H. Woodward. 

Sworn to before me this 20th March, 1897. 

[seal.] Ross C. Davis, Notary Public . 

At this point, 4.30 p. m., an adjournment was had until Monday, March 22, 1897, 
at 11.30 a. m. 

Monday, March 22, 1897. 

The taking of testimony was resumed this day at 11.30 a. m. 

H. L. SMITH, sworn, testifies: 

Q. Please state your name, age, residence, and occupation.—A. H. L. Smith; age, 
36; my residence is Georgetown, S. C., and my occupation is clerk of the court for 
Georgetown County. 

Q. How long have you held the position of clerk of court for Georgetown County?— 
A. A little over ten years. 

Q. Do you keep in your office a roll of notaries public, commissioned and appointed 
by the governor of this State, to be signed by persons receiving such appoint¬ 
ments?—A. I do. 

Q. Please state whether that roll contains the names of either of the following 
persons as notaries public, namely: A. T. Brockington, Daniel Davis, S. D. Golf, 
J. W. Johnson, Stephen Lodson, P. W. Wilson, and S. A. Walker.—A. None of these 
names are enrolled on my books. 

Q. Have you made an examination of the roll recently in order to ascertain 
whether it contained these names?—A. I have. 

Q. Has there been filed in your office, as clerk of the court of common pleas and 
general sessions for Georgetown County, at any time since the opening of the books 
for the registration of electors in this county under the constitution of 1895, any 
notice of appeal from the decision of the board of registration refusing a registra¬ 
tion certificate to any person?—A. None at all. 

Cross-examination: 

Q. Did the supervisors of registration leave the books in your office each day after 
they were closed, while issuing registration certificates? 

(Counsel for contestee objects to this question upon the following grounds: First, 
because it is irrelevant and immaterial; second, because it is not in support of any 
allegation in the notice of contest or in response to any issue made by the pleadings 
in this case; third, because there is no provision in the laws of this State requiring 
the registration books to be deposited with the clerk of the court by the board or 
supervisor of registration at the close of each day's work, but, on the contrary, the 
law expressly authorizes the books to be taken from the office of the clerk of court 
by the board or supervisors and kept as long as may be necessary to enable them or 
him to perform the duties imposed upon them by law.) 

A. Sometimes they were filed there each day, but in the majority of cases they 
were kept by the board until the end of their regular meeting, and were then depos¬ 
ited in my office. 

Q. Did not George E. Herriot and R. B. Anderson go in your office from time to 
time after the books were closed and deposited there by the board of supervisors of 
registration and examine them ? 


MURRAY VS. ELLIOTT. 397 

(Counsel for coutestee objects to tliis question upon the ground that it is irrelevant 
and immaterial.) 

A. Yes; several times. 

Q. Did not George E. Herriot go into your office also and obtaiu a copy of the 
names ou the registration books; that is, after they were closed and deposited there 
by the board of registration, to ascertain whether or not anv names had been added 
thereon ? 

(Counsel for coutestee objects to this question upon the following grounds: First, 
because it is irrelevant and immaterial; second, because it is not in support of any 
allegation in the notice of contest, which contains no charges that any voters were 
illegally and fraudulently registered, or that any names were fraudulently added to 
the registration books, or that any illegally or fraudulently registered voters voted 
for the contestee in the last election, or that the result of the election had been 
affected thereby; third, because it is not in response to any issues made by the 
pleadings in this case; fourth, because if G. E. Herriot made any such examination 
of the books the witness can not be presumed to know what was his object in so 
doing.) 

A. He did get copies, but for what purpose I don’t know. 

Q. Have you ever voted at any popular election held to ratify the new constitution 
of this State, made in the year 1895?—A. No. 

Q. Do you know whether or not any such election has been held in this State to 
ratify the new constitution of 1895?—A. I don’t think I have ever heard of any such 
election. 

(Counsel for the contestee objects to these questions upon the grounds heretofore 
stated.) 

H. L. Smith. 

Sworn to before me this 22d day of March, 1897. 

[seal.] Ross C. Davis, Xotary Public. 

WILLIAM P. CONGDON, sworn, testifies: 

Q. Please state your name, age, residence, and occupation.—A. William P. Cong- 
don; age, 24; residence, Georgetown, S. C.; my occupation is bookkeeper. 

Q. Were you present at the Federal poll in Georgetown precinct on the day of the 
last election; and if so, how long were you there on that day?—A. Yes; I was there 
all day, with the exception of when I went out to vote and to get dinner. 

Q. Please state, if you know of your own knowledge, whether any white persons 
were present at that poll on that day who could not vote because they had no regis¬ 
tration certificates.—A. Yes. 

Q. Please give me the names of such persons. 

(Counsel for contestant objects to the witness giving the names of those white per¬ 
sons who were rejected on the day of the election from voting because they had no 
registration certificates from the list handed him by the counsel for the contestee. 
If the witness knows that any such persons were rejected he should say so and give 
their names from the knowledge he has of them and not be prompted by a prepared 
list.) 

A. R. JB. Knight, F. G. Graham, G. B. Poe, W. E. Knight, W. J. Tiller, R. W. Dixon, 
W. G. Guyton. 

Q. Who wrote the list from which you have just read those names?—A. T did. 

Q. When did you write it?—A. On the day of the last election. 

Q. Where?—A. At the Federal poll in the Georgetown precinct. 

Q. How do you know that the persons whose names you have given were not allowed 
to vote?—A. Because I was there and saw them offer to vote and saw them rejected. 

Q. Did you enter their names on this list when they were rejected?—A. Yes. 

Q. Did the managers at that poll permit any person to vote without a registration 
certificate?—A. No; they did not. 

Q. Did they reject any person offering to vote who had a registration certificate 
under the new constitution?—A. No. 

Cross-examination: 

Q. Did the managers refuse to allow any Republican to vote who offered to do so 
because they had no registration certificate?—A. I don’t know what political faith 
a man was who came up there and offered to vote had. 

Q. Did not the managers refuse to allow many persons who offered to vote to do 
so because they had no registration certificate? 

(Counsel for the contestee objects to this question, on the ground that it is irrele¬ 
vant, and upon the further ground that the word “ many” is a vague expression, con¬ 
veying no definite idea as to number, and if the contestant desires to prove the 
number of persous rejected at any poll it is incumbent upon him to do so by direct 
testimony to that effect.) 


398 


MURRAY VS. ELLIOTT. 


A. There were a certain number rejected because they had no certificates, but 
just what that number was I can’t say, whether you call it many or few. 

Q. Where did you go to dinner?—A. I went to a boarding house where I was 
b oarding. 

Q. What is the name of the boarding house? 

(Counsel for the contestee objects to this question as being irrelevant and relating 
to the private affairs of the witness, which do not affect the issues in this case 
at all.) 

A. I was boarding with my cousin. Geo. R. Cougdon. 

Q. How long did you remain to dinner?—A. About half an hour. 

Q. How far did your cousin stay on the day of election from the Federal poll? I 
mean his residence. 

(Counsel for contestee objects to this question, on the ground that it is irrelevant.) 

A. About four minutes’ walk. 

Q. Please give the number of squares.—A. Three. 

Q. Tell me the number of squares between the Federal poll or the place where the 
poll was held on the day of election and your cousin's residence. 

(Counsel for contestee objects to this question, upon the ground that it is irrele¬ 
vant and immaterial and has not the slightest bearing upon any of the issues in this 
case.) 

A. Three. 

Q. How far from the Federal polls was the State and county polls where you said 
you went to vote ? 

(Counsel for contestee renews the objections just made.) 

A. About 400 feet. 

Q. Did you write all the names that appeared on the list read by you on the direct 
examination?—A. Yes; I wrote all the names that I read out. 

Q. You read seven names from the list. I heard counsel for contestee say to you 
that J. J. McKeithau said he wrote two of the names on the list. There are only 
seven names on the list. How can you claim to have wrote all the names on the list? 

(Counsel for the contestee objects to this question, upon the ground that it reflects 
upon the witness aud upon the counsel for the contestee and is therefore impertinent 
and unprofessional, ami upon the further ground that it contains an assertion of 
fact which is not true and which is based upon nothing in the evidence, aud upon 
the further ground that the list not having been put in evidence there is nothing 
in the record to show how many names it does actually contain.) 

A. I wrote all the names I read and no more. 

Redirect examination: 

Q. Please examine the list referred to by counsel for the contestant aud state how 
many names it contains.—A. Nine. 

Q. Do you know who wrote the other two names on this list?—A. Joe McKeithan. 

Q. Can you tell me whether or not, as a matter of fact, there was a considerable 
mixing up of party lines in the last Federal election in this county?—A. I don’t 
know. 

Q. Is it not a fact that several prominent Democrats in this county openly advo¬ 
cated the election of McKinley for President, some on the ground of protection by 
tariff and some on the money question? Isn’t that a fact?—A. Yes, sir. 

Q. Do you not remember that Mr. William Miles Hazzard, a prominent rice planter 
of this county, during the last campaign published a letter in the Charleston News 
and Courier, in which he urged the election of the Republican Presidential ticket 
upon the ground that a high tariff duty was essential to the rice industry in this 
county, and that it could be obtained from the Republican party, and that Mr. 
Hazzard is a well-known Democrat of this county?—A. Yes. 

Q. Do you know of any Democrats in this county who voted the Republican Presi¬ 
dential ticket in the last election? If so, please state their names, if you can remem¬ 
ber them.—A. Yes; J. B. Steele, L. S. Ehrich, L. G. Emanuel; this is all I can 
remember, but I am sure there were others. I would like to say that I did not fully 
understand the question asked me about the (t mixing up of party lines.” 

(Counsel for the contestant waives his right to cross-examine the witness, W. P. 
Congdon, upon the matters referred to in his redirect examination.) 

Wm. P. Congdon. 

Sworn to before me this 22d day of March, 1897. 

[seal.] Ross C. Davis, Notary Public. 

J. J. McKEITHEN, sworn, testified: 

Q. Please state your name, age, residence, and occupation.—A. J. J. McKeithen; 
age, 34; residence, Georgetown; occupation, chief of police. 

Q. Were you present at the Federal poll in Georgetown precinct in the last elec¬ 
tion?—A. Yes; I was there off and on all day. 


MURRAY VS. ELLIOTT 


399 


Q. Do you know of your own knowledge whether any white Democrats who offered 
to vote on that day at that poll were rejected because they had no registration cer¬ 
tificate?—A. Yes, sir; quite a number. 

Q. Please state the names of some of them, if you remember them.—A. Mr. E. J. 
Marsh, J. W. Harralson, G. B. Poe, \Y. E. Knight, and a number of others whose 
names I don’t remember. 

Q. Do you know of any white Democrats who voted the Republican Presidential 
ticket at that election ?—A. Yes; I saw Mr. L. S. Ehrich and Mr. M. Mawheim vote it. 

Q. Did you hear others say they had voted it?—A. Yes, sir. 

Q. Do you not know it to be a fact that there was considerable dissatisfaction 
among the Democrats with the nomination of Bryan, and that a number of them 
openly advocated the election of McKinley?—A. Yes, sir; I do. 

Cross-examination: 

Q. Do you know whether or not E. J. Marsh was entitled to receive a registration 
certificate under the laws of the State? 

(Counsel for the contestee objects to this question upon the ground that it involves 
a proposition of law and the witness is not testifying as a legal expert.) 

A. I think he was. 

Q. Is E. J. Marsh a citizen of this State or the State of Louisiana? 

(Counsel objects to this question upon the ground that it involves a proposition of 
law as to which the witness should not be interrogated, because he is not testifying 
as a legal expert.) 

A. He was a citizen of this place at that time. 

Q. Had those Democrats who offered to vote at the last election, and who were 
refused because they had no registration certificates, applied for registration certifi¬ 
cates?—A. I don’t know. 

Q. Were they all citizens of the State at the time? 

(Counsel for contestee renews the objection previously made to this question in 
the case of Mr. Marsh.) 

A. Some had been here more than two years and some were raised here. 

Q. Do you know of any Democrat or number of Democrats who had put forth any 
special effort to elect the electoral tickets for McKinley—that is, to give it a heavy 
vote in this county?—A. No. 

Redirect examination: 

Q. Had not Mr. E. J. Marsh been a resident of this city and county for more than 
two years at the date of the last election?—A. Yes, sir; he had been here over two 
years. 

J. J. McKeithest. 

Sworn to before me this 22d March, 1897. 

[seal.] Ross C. Davis, Notary Public. 

At 3 o'clock p. m. a recess was taken until 4.30 p. m. 

The taking of testimony was resumed at 5 p. m., this day. 

ALLEN P. HAZORD, sworn, testified: 

Q. Please state your name, age, residence, and occupation.—A. Allen P. Hazord; 
39; residence, Georgetown, S. C.; my occupation, broker. 

Q. Did you act in any official capacity in connection with the last Federal election 
in this county? If so, what?—A. I was one of the commissioners of the Federal 
election, and acted as chairman of the board. 

Q. Who were the other commissioners?—A. Frank Woodbury and J. H. Loyal. 

Q. Did the commissioners appoint managers of election for each precinct in the 
county ?—A. They did. 

Q. Was representation given to the Republican party in the appointment of man¬ 
agers for each precinct?—A. Yes, sir; one Republican manager was appointed at 
each precinct, and at some of the polls the clerks were Republican, 

Q. Please give me the names of the several persons who were appointed as man¬ 
agers and w ho served as such at the various precincts in the county.—A. George¬ 
town, W. P. Smith, J. B. Johnson, W. H. Howard; Sarnpit, R. W. Bailey, Thomas 
W. Long, D. H. Drayton; Santee, J. W. La Bruce, William Lucas, T. D. Gadsdeu; 
Carvers Bay, R. B. Tindall, H. L. Carter, Joseph Weston; Choppee, J. T. Prevatt, 
Gilbert Johnson, Aaron Pringle; Black River, H. T. Green, J. J. Evans, Samuel 
Brown; Potatoe Ferry, Edward Evans, R. A. Ivy, A. T. Brockinton; Birdfield, A. G. 
Sparkman, Thomas Ford, Ezeikeil Small; Griers, J. A. Grier, J. H. Ambrose, R. H. 
Skinner; Upper Waccamawq J. H. Woodward, J. F. Dozier, London Read; Lower 
Waccamaw, B. H. Ward, Joseph Finney, Henry Green; Cedar Creek, Pinckney 
Wilson, G. W. Harrelson, John Williams; Sandy Island, S. W. Rouquie, jr., John 
D. Washington, R. A. Washington. 


400 


MURRAY VS. ELLIOTT 


Q. Were there not two Republican managers at the Sandy Island poll and two at 
the Lower Waccamaw poll?—A. Yes, sir. 

Q. Did the commissioners of election issue to the managers for each precinct 
printed instructions for their guidance in the conduct of the election?—A. Yes; 
printed instructions were put in a box for each precinct along with the poll lists. 

Q. Was either member of the board of commissioners of election a Republican? 
If so, who.—A. Yes, sir; Frank Woodbury. 

Q. Do you know any Democrats in this county who voted for the Republican can¬ 
didates for President and Vice-President at the last Federal election in this county ?— 
A. No, sir; I don’t know any. 

Cross-examination: 

Q. As a member of the board of commissioners of Federal election, and also chair¬ 
man you were familiar with or had information of the current news of the true 
political affairs in this county prior to and during the last election, had you not? 

(Counsel for contestee objects to this question on the ground that it is too vague 
to permit of specific answer.) 

A. I was aware of the political affairs, as existing in the county at that time. 

Q. Speaking in reference to Frauk Woodbury you said he was the Republican 
representative on the board of Federal commissioners, at the last election. Wasn’t 
he in accord with an independent Democratic move? 

(Counsel for the contestee objects to this question on the ground that it is irrel¬ 
evant.) 

A. Not that I know of. If he was it was unknown to me. 

Q. Wasn’t he appointed along with those other gentlemen who was said to be 
appointed in favor of the independent candidate for sheriff, E. M. Lucas, who is a 
Democrat? 

(Counsel for contestee objects to this question upon the ground that it is irrel¬ 
evant, and upon the further ground that it assumes as facts matters of which there 
has been no evidence in this case, namely, that the other two commissioners of 
election were appointed to that office because they were friends and supporters of a 
certain candidate for the office of sheriff, which office moreover is a county office 
under the State government, and as such was not under the jurisdiction of the com¬ 
missioners of the Federal election, and, third, because the question involves the un¬ 
proven assumption that the witness received his appointment on partisan grounds.) 

A. Not that I know of. 

Q. Did not the Democratic county chairman put forth some efforts to have the 
commissioners, both of the State and Federal elections, changed because they were 
not the persons recommended by him for appointment as commissioners of election? 

(Counselfor the contestee objects to this question, upon the ground that it is entirely 
irrelevant and immaterial, and upon the further ground that it is not in support of 
any allegation in the notice of contest, which does not undertake to impeach the 
last election in this county upon the ground of fraud, illegality, or irregularity, or 
for any other cause whatever.) 

A. I don’t know anything about that. 

Q. Was there not some stir or excitement in political circles over some of the com¬ 
missioners that had been appointed—I mean commissioners of Federal election? 

(Counsel for the contestee renews the objection just made.) 

A. I don’t know anything about that. 

Q. Did not Geo. E. Herriot, Republican county chairman, and R. B. Anderson, 
Republican county Congressional chairman, express themselves as being dissatisfied 
with the appointment of Frank Woodbury, as he was not the person recommended 
to represent the Republican party on the board of Federal commissioners at the last 
election? 

(Counsel for the contestee objects to this question, upon the grounds stated above 
as to the two preceding questions, and because the satisfaction or dissatisfaction of 
G. E. Herriot and R. B. Anderson with the appointment of Woodbury has no bear¬ 
ing upon the issues involved in this case.) 

A. If they were dissatisfied they never expressed themselves so in my presence or 
to me. 

Q. Did not your board refuse to appoint some of the persons recommended by R. B. 
Anderson or G. E. Herriot to your board for appointment as managers at the various 
polling precincts in this county? 

(Counsel for the contestee objects to this question, upon the grounds just stated, and 
upon the further ground that it is not incumbent upon the commissioners of election, 
under the laws of this State, in making appointments of managers to be governed by 
the recommendations of any persons whomsoever, the selection of such appointees 
being intrusted to their discretion as sworn officers of the law.) 

A. G. E. Herriot did give me a list and asked me if possible that I would have 
some of the parties named, if not all, appointed as managers at the different polling 
precincts, some of whom were appointed. 


MURRAY VS. ELLIOTT. 401 

Q. Isn t it a fact that a compromise exists between the Republican and Democratic 
party of this county ? 

(Counsel lor the contestee objects to this question, upon the grounds stated above, 
and upon the ground that, the powers and duties of commissioners of election are pre¬ 
scribed by law, and are not regulated by the agreements of political parties.) 

A. I believe there is a compromise between the Democrats and Republicans in this 
county, but only so far as it relates to county officers. 

Q. How long, if you remember, has that compromise been in existence? 

(Counsel for contestee renews liis objections.) 

A. Twelve to fourteen years. 

Q. Hasn’t it been customary, as far as you know, for the commissioners of elections 
of this county to appoint such persons as managers of election, both State and Fed¬ 
eral, as are recommended by the Republican county chairman, or the Republican 
county Congressional chairman? 

(Counsel for the contestee objects to this question, upon all of the grounds stated 
above as to previous questions addressed to this witness upon the cross-examination 
so far as applicable to this question, and also upon the ground that as a matter of 
fact the agreement or compromise between the two parties in this county is in writ¬ 
ing and that writing is the best legal evidence of the terms of the compromise.) 

A. If such is or was the custom it is unknown to me. 

Redirect examination: 

Q. Is Frank Woodbury a Republican and a colored man?—A. In so far as I know 
he is a Republican and he is a colored man. 

Q. Under the compromise in this county between the two parties is a joint ticket 
agreed upon for county officers and put in the field to be voted for at each election 
by both Democrats and Republicans?—A. Yes. 

Q. Would it be probable that an independent ticket would secure the votes of a 
majority of the Democrats of the county?—A. Hardly probable. 

Q. As a matter of fact, did not the independent candidate for sheriff in the last 
county election receive a comparatively small vote?—A. Yes, sir; he did. 

Q. Under the compromise would it not be absolutely necessary for an independent 
candidate for a county office, in order to be elected, to receive a very large propor¬ 
tion at least, if not an actual majority, of all the Republican votes cast for that 
office?—A. Yes; it would. 

Q. If Frank Woodbury was in favor of the election of an independent candidate 
for sheriff’ or for any other office, would not his chances for promoting the election of 
that candidate be increased by increasing the number of Republican voters entitled 
under the law to vote at that election; in other w'ords, would it not be to his inter¬ 
est, or that of his favorite candidate, that the qualified Republican vote of this 
county should be as large as possible?—A. Yes; it would. 

A. P. Hazord. 

Sworn to before me this 22d day of March, 1897. 

[seal.] Ross C. Davis, Notary Public. 

An adjournment was taken at 6.30 p. m. until 11 a. m. Tuesday, March 23,1897. 

Georgetown, S. C., March 23, 1897. 

The taking of testimony was resumed this morning at 12 m. 

W. B. ARNHOLTER, sworn, testifies: 

Q. Please state your name, age, residence, and occupation.—A. W. B. Arnholter; 
age, 19; Georgetown, S. C., and occupation, clerk. 

Q. Please examine this list which I hand you and tell me by whom it was made?— 
A. It was made by me. 

Q. Please state what that list contains.—A. It contains the names of the persons 
whose affidavits were introduced in this case on behalf of contestant, arranged alpha¬ 
betically by precincts. 

Q. Where did yon get these names from?—A. I got all the names from the affi¬ 
davits that were introduced, except the names from Griers and Peedee precincts. 

Q. Where did you get filenames from those two precincts ?—A. From a list fur¬ 
nished to me by you (Mr. Hazard, counsel for contestee). 

Q. Is this the list to which you refer?—A It is. 

(Counsel for the contestee offers in evidence the list testified to by the witness con¬ 
taining the names of persons who made affidavits at Griers and Peedee precincts, 
in Georgetown County, and the same is filed and marked “ Exhibit B.” 

Counsel for contestee offers also in evidence the first list testified to by the wit¬ 
ness, containing the names of persons who made affidavits, or are alleged to have made 
affidavits, at all the precincts in this county, including those embraced in Exhibit B, 
and the same is filed and marked “ Exhibit C.”) 

17745-26 



402 


MURRAY VS. ELLIOTT. 


Q. Please state whether or not you counted, at my request, the names on Exhibit 
C which were not checked off; and if so, how many such names you tound on the 
list?—A. I did, and found 673 names not checked off. 

Q. Please state whether or not you counted the number of names in Exhibit B; 
and if so, how many names you found on that list?—A. Yes; I examined them, and 
found 78 from Griers and 138 from Peedee, making a total of 216 names. 

Cross-examination: 

Q. You said you counted or examined all the affidavits from which the names were 
taken and recorded on a list now in evidence and marked “Exhibit C.” Do you know 
positively whether or not all the affidavits that were introduced when the contestant, 
G. W. Murray, took testimony, had been delivered to you?—A. I did not examine the 
affidavits that were placed in my hands, but I took the names from them and counted 
the names afterwards. All the affidavits were put in my possession except those 
from Griers and Peedee. 

Q. Was the list containing the number of all the affidavits introduced—except 
those from Griers and Peedee—handed you, along with the affidavits, in order that 
you would know the number of affidavits introduced? 

(Counsel for contestee objects to this question, on the ground that it is an insult to 
the witness and to the counsel for the contestee, and on the further ground that 
there is no evidence that any list was handed to the witness with the affidavits, and 
on the further ground that the witness has positively sworn that the list made by 
him was made by him from the affidavits themselves, except as to Griers and Peedee 
precincts, as to which it was copied by him from a list furnished to him by the coun¬ 
sel for the contestee.) 

A. No ; no list was handed me along with the affidavits nor before the affidavits 
were handed to me. 

Q. What recollection have you of the names that appeared in Exhibit B?—A. The 
only recollection that I have is that I made a copy of that exhibit. 

Redirect examination: 

Q. Is the list of names made by you and marked “Exhibit C ” a correct list?—A. 
It is; but some of the names I could not make out exactly, but I wrote them as near 
as I could like the original names. 

Q. Who placed in your hands the original affidavits from which you made that 
list of names—from all the precincts except Griers and Peedee?—A. You did, sir. 

Q. Please state, if you remember, whether the affidavits, when placed in your hands, 
were not in separate packages, one for each precinct, and was not each package 
marked as an exhibit on the back and signed by M. B. Allen, notary public?—A. The 
affidavits when placed in my hands were in separate packages, one for each precinct, 
and each package was marked as an exhibit and signed by M. B. Allen, notary 
public. 

W. B. Arxholter. 


Sworn to before me this 23d day of March, 1897. 

[seal.] Ross C. Davis, Notary Public. 

Exhibit B. 


South Carolina, Georgetown County: 


Griers precinct. 


Blank No. 1. 

Daniel Horry. 

Wm. Jackson. 

Frank Woodard. 
Cornelius McNeal. 

Cliffy Polite. 

Dandy Jourdon. 

Henry Yanderhost. 
Jolin'Mosely. 

Jos. Green. 

Mark Hiding. 

Harry Green. 

Blank No. 2. 

Robert (hisxmark)Green 
Ropel (x) Green. 

Benj. (x) Green. 

Adam (x) Jourdon. 
Ceasar (x) Deas. 

Robert (x) McNeal. 


Lazarus (x) Bryant. 
Wm. (x) Smith. 

Moses (x) Laucit. 
Alfred (x) Ragg. 
Milford (x) Wihderly. 
Abraham (x) Laton. 
Mathias (x) Green. 
Wm. (x) Middleton. 
Phylix (x) Steward. 
Peter (x) Green. 
Fortune (x) Green. 
John (x) Elliott. 
Loney (x) Simeon. 
Benjamin (x) Davis. 
Steward (x) Green. 
James (x) Myers. 

. P. D. (x) Wilson. 
James (x) Griers. 
Edward (x) Kinlach. 
Charles (x) Becoat. 

M. (x) Cohen. 

Thomas (x) Davis. 


West (x) Davis. 
Edward (x) White. 
Jos. (x) Laribo. 

Wallis (x) White. 
Harry (x) Brown. 
Andrew (x) Jackson. 
Reuben (x) Deacon. 
Paris (x) Irving. 

John (x) Turner. 
Jamison (x) McNeal. 
Calvin (xj Beernen. 
John (x) Drayton. 
Simon (x) Brown. 
John (x) Young. 
Joshua (x) Dickenson. 
Flander (x) Smith. 
Henry Spann. 

Chance (x) Ladson. 
Edward (x) Vomer. 
Preston (x) Becon. 
Samuel (x) Ford. 
Peter (x) Turner. 


Charles (x) Becoat. 
Edward (x) Williams. 
Daniel (x) Kinloch. 
Moses (x) Young. 

Elias (x) Simmons. 

Jos. (x) Mitchell. 
Sydney (x) Small. 

Isiael (x) Jenkin. 
Samuel (x) Jones. 
Thomas (x) Brownfield. 
Benjamin (x) Sumpter. 
Robert (x) Vereene. 
Charles (x) Woodard. 
Thomas (x) Green. 
Moses (x) Green. 
Johnson (x) Williams. 
Napoleon (x) Decius. 
Willis (x) Williams. 


MURRAY YS. ELLIOTT. 


Blank No. 1. 

Edward Harez. 

G. W.Deas. 

A. W. Hows. 
Neptune Gallant. 
Isaac Campbell. 
James Shubruck. 
Daniel Read. 

I. Camel. 

Richard Johnson. 
John Waultra. 
Edward Green. 
Will Adson. 


Blank No. 2. 

Hampton (s.) Rivers. 
Hampton (x) Small. 

Blank No. 1. 

Jos. Wall. 

M. N. Thompson. 
John Wilt Hall. 
Francis Rosen. 
Henry W. Gest. 

S. G. Gallant. 

Plenty Washington. 
Abraham Small. 
Horace Burroughs. 
West Burgess. 

Rufus Singleton. 

Blank No. 2. 

Ephraim (x) Green. 
Willis (x) Small. 


South Carolina, 


Blank No. 1. 

Green, Jos. 

Green, Harry. 
Horry, Daniel. 
Jackson, Win. 
Jourdon, Dandy. 
McNeal, Cornelius. 
Mosely, John. 
Polite, Cuffy. 
Riding, Mark. 
Yanderhost, Henry. 
Woodard, Frank. 

Blank No. 2. 

Bryant, Lazarus. 
Becoat, Charles. 
Brown, Harry. 
Becmen, Calvin. 
Brown, Simon. 


Blank No. 1. 


Adson, Will. 
Burroughs, Horace. 
Burgess, West. 
Campbell, Isaac. 
Camel, P. 

Deas, G. W. 
Gallant, Neptune. 
Green, Edward. 
Gest, Henry W. 
Gallant, S. G. 

Harez, Edwai’d. 
Horrs, A. W. 

Hall, John Wilt. 
Johnson, Richai’d. 
Read, Daniel. 


Exhibit B—Continued. 


Pee Dee precinct. 


•Take (x) Grissith. 
Shaw (x) Murray. 
Harry (x) Singleton. 
Solomon (x) Keith. 
Scipio (x) Small. 

Prince (x) Rivers. 
Friday (x) Bradley. 
London (x) Funny. 
Jupiter (x) Johnson. 
Charles (x) Roberson. 
Barcus (x) Lessene. 
Ankny (x) Harvey. 
John (x) Green. 

Job (x) Mention. 

Jack (x) Turner. 

Ned (x) Marant. 

Jack (x) Huger. 
Gabriel (x) Brown. 
Lincoln (x) Gethers. 
Quarko (x) Tucker. 
Amos (x) Simmons. 
William (x) Small. 
James (x) Sweet. 

Sam (x) Common. 
Scipio (x) Dease. 

Hyrns (x) Washington. 
Peter (x) Brown. 
Nimrod (x) Davis. 
Thomas (x) Pinckney. 
Zebedee (x) Mitchell. 
Frank (x) Grant. 

Cain (x) Small. 

Charles (x) Gones. 
John (x) Lodgy. 

Paul (x) Rutledge. 
Richard (x) Dease. 
Isaac (x) Blake. 

Capers (x) Huger. 


Jupiter (x) Tuck. 
Henry (x/ Grant. 
Weary (x) Green. 
Jerry (x) Barnwell. 
Manzer (x) Grim. 
Marcus (x) Grant. 
Caesar (x) Bowens. 
Peter (x) Grant. 
Minus (x) Drayton. 
Sydney (x) Lawrence. 
Ralph (x) Herriot. 
Francis (x) Ford. 
Sanko (x) Mitchell. 
Scotland (x) Grice. 
Friday (x) Smith. 
Heptune (x) Moultrie. 
Prince (x) Gones. 
Joseph (x) Small. 

Job (x) Taylor. 
Abraham (x) Marant. 
Prince (x) Roberson. 
Josh (x) Gallant. 

Jesse (x) Richardson. 
James (x) Lance. 
Jacob (x) Godfrey. 
Floyd (x) Johnson. 
Caleb (x) Gethers. 
Sam (x) Herriot. 
Robert (x) Ward. 

W. E. Dennison. 
Franklin (x) Grant. 
Adam (x) Gregg. 

Isaac (x) Blake. 

Dandy (x) Grant. 
James (x) Johnson. 
Sam (x) Sherrill. 
Caesar (x) Tucker. 
Cudjo (x) Canty. 


Exhibit C. 


Georgetown County: 


Griers precinct. 


Becon, Preston. 
Becoat, Charles. 
Brownfield, Thomas. 
Cohen. M. 

Deas, Ceasar. 

Davis, Thomas. 
Davis, West. 
Deacon, Reuben. 
Drayton, John. 
Decius, Napoleon. 
Davis. Benjamin. 
Elliott, John. 

Ford, Samuel. 

Green, Robert. 
Green, Ropel. 

Green, Benj. 

Green, Mathias. 
Green, Peter. 

Green, Fortune. 
Green, Steward. 
Griers, James. 


Green, Thomas. 
Green, Moses. 
Irving, Paris. 
Jourdan, Adam. 
Jackson, Andrew 
Jenkins, Israel. 
Jones, Samuel. 
Kin loch, Edward 
Kinloch, Daniel. 
Lancit, Moses. 
Laton, Abraham. 
Laribo, Jos. 
Ladson, Chance. 
Middleton, Wm. 
Myers, James. 
McNeal, Robert 
McNeal, Jamison. 
Mitchell, Jos. 
Ragg, Alfred. 
Smith, Wm. 
Steward, Phylix. 


Pee Dee precinct. 


Rosen, Francis. 
Shubruck, James. 
Small, Abraham. 
Singleton, Rufus. 
Thompson, M. H. 
Waultra, John. 

Wall, Jos. 

Washington, Plenty. 

Blank No. 2. 

Bradley, Friday. 
Brown, Gabriel. 
Brown, Peter. 

Blake, Isaac. 
Barnwell, Jerry. 
Bowens, Ciesar. 


Blake, Isaac. 
Blake, Joe. 
Brown, Danl. 
Blake, Moses. 
Common, Sam. 
Canty, Cudjo. 
Campbell, Esau. 
Dease, Scipio, 
Davis, Nimrod. 
Dease, Richard. 
Dennison, W. E. 
Drayton, Minus. 
Dennison, Philip. 
Funny, Joe. 
Funny, Loudon. 
Ford, Francis. 
Green, Ephraim. 


Prince (x) Nesbit. 
Albert (x) Lee. 

Homer (x) Ponto. 
Isaac (x) Ponto. 

Bob (x) Holmes. 
Hammon (x) Small. 
Joe (x) Funny. 

Joe (x) Blake". 

Esaw (x) Richards. 
Philip Dennison. 
Isaac (x) White. 
Ancrum (x) Small. 
Dan’l (x) Brown. 
Cuffie (x) Lance. 

John (x) Wright. 

Jim (x) Jackson. 
Hercules (x) Walker. 
Mark (x) Jones. 

Cuffie (x) McGirth. 
Robert (x) Stules. 
John (x) Heyward. 
Quash (x) Smirh. 
Louis (x) Walker. 
Seinty (x) Gibbs. 
Abram (x) Tucker. 
Joshua (x) Green. 
Lucas (x) Gore. 

Joe Gaillard. 

Sam (x) Small. 
Anthony (x) Green. 
Lorenza (x) Williams. 
Moses (x) Blake. 

Esau (x) Campbell. 
Edmund (x) Lee. 
Plenty (x) Prior. 
Thomas (x) ( Gaillard. 


Simeon, Soney. 
Smith, Flander. 
Spann, Henry 
Simmons, Elias. 
Small. Sydney. 
Sumpter, Benjamin. 
Turner, John. 
Turner, Peter. 
Yomer, Edward. 
Yereene Robert. 
Winderly, Milford. 
Wilson, P. D. 
White, Edward. 
White, Wallis. 
Williams, Edward. 
Woodard, Charles. 
Williams, Johnson. 
Williams, Willis. 
Young, John. 
Young, Moses. 


Grissith, Jake. 
Green, John. 
Gethers, Lincoln. 
Grant, Frank. 
Gones, Charles. 
Grant, Henry. 
Green, Weary. 
Grim, Manzer. 
Grant, Marcus. 
Grant, Peter. 
Grice, Scotland. 
Gonez, Prince. 
Gallant, Josh. 
Godfrey, Jacob. 
Gethers, Caleb. 
Grant, Franklin. 
Gregg, Adam. 


404 


MURRAY YS. ELLIOTT, 


Exhibit C —Pee Dee precinct — Continued. 


Blank No. 2—Cont’d. 

Grant, Dandy. 

Gibbs, Scinty. 

Green, Joshua. 

Gone, Lucas. 

Gaillard, Joe. 

Green, Anthony. 
Gaillard, Thomas. 
Harvey, Ankny. 

Huger, Capers. 

Herriot, Ralph. 

Herriot, Sam. 

Holmes, Bob. 

Heyward, John. 

Huger, Jack. 

Johnson, Jupiter. 
Johnson, Floyd. 
Johnson, James. 
Jackson, Jim. 


Jones, Mark. 

Keith, Solomon. 
Lodgy, John. 
Lawrence, Sydney. 
Lessene, Barcus. 
Lance, J araes. 

Lee, Albert. 

Lance, Cuffie. 

Lee, Edmund. 
Murey, Shaw. 
Mention, Job. 
Marant, Ned. 
Mitchel, Zeludel. 
Mitchell, Sanko. 
Moultrie, Neptune. 
Marant. Abraham. 
McGirth, Cuffie. 
Nesbit, Prince. 
Pinkney, Thomas. 
Ponto, Homer. 


Ponto, Isaac. 
Prior, Plenty. 
Rivers, Hampton. 
Rivers, Prince. 
Roberson, Charles. 
Rutledge, Paul. 
Roberson, Prince. 
Richardson, Jesse. 
Richards, Esau. 
Small, Hampton. 
Small, Willis. 
Singleton, Harry. 
Small, Scipio. 
Simmons, Amos. 
Small, William. 
Sweet, J ames. 
Small. Cain. 

Smith, Friday. 
Small, Joseph. 
Sherrill, Sam. 


Small, Hammon. 
Small, Ancrum. 
Stules, Robert. 

Smith, Quash. 

Small, Sam. 

Turner, Jack. 
Tucker, Quarko. 
Tuck, Jupiter. 
Taylor, Job. 

Tucker, Caesar. 
Tucker, Abram. 
Washington, Hymns. 
W ard. Robert. 

White, Isaac. 

Wright, John. 

Walter, Hercules. 
AYalker, Louis. 
Williams, Lorenzo. 


List of affidavits from Upper Waccamaw precinct. 


Blank No. 1. 

Allston, James. 
Bowen, James. 
Bowens, William. 
Brown, D. W. 
Baker, Edward. 
Chisolm, Hector W. 
Channel, Timothy. 
Carr, Peter. 

Daise, D. L. 

Ford, Pron. 

Grant, T. W. 
Gallant, Josh W. R. 
Jones, Frank. • 
Johnson, T. R. 
Ladson, Simon. 
Maybank, Jacob. 
Miers, Napolus. 
McDames, John. 
Reese, Baptist. 
Singleton, Cot. 
Singleton, W. H. 
Snipe, William. 
Snip, Boney. 
Sessions, Sim. 
Trappier, Robby. 
Williams, Riley. 
Wingale, Samuel. 

Blank No. 2. 

Alston, Tyas. 
Brown, Abram. 
Bees, Samuel. 
Bourrough, Samuel. 
Brown, Carolina. 
Betha. Peter. 
Burgers, Tyler. 
Bryant, Lazarus. 
Blye, Virgil. 

Bill, Cado. 


Blank No. 1. 

Armstrong, I. 

Brown, Jack. 

Cuttino, William. 
Cassil, J. S. 

Coachman, Isreal. 
Funey, Benjamin. 
Gepson, Dave. 

Gibson, Sampson. 
Grote, Solomon. 
Latson, Masse. 

Lee, Shedrick. 

Lee, Frederick. 
Langley, H. A., jr. 
McCarlas, Munnerlyn. 
Robertston, Folsney. 
Reed, R. J. 

Sarasel, Prince. 


Burgess, Ezacal. 
Brown, Solomon. 

Bees, Peter. 

Bees, Isaac. 

Brown, Charley. 
Becket, Randal. 
Chisolm, Epson. 
Collins, Moses. 
Collinton, Job. 
Comander, H. C. 
Conyer, Samuel. 
Campbell, Union. 
Doctor, Francis. 
Drayton, sr., Andrew. 
Deas, Carolina. 
Denerson, Thomas. 
Deas, Betlia 1. 

Deas, Cupid. 

Deas, Seymore. 

Fraser, Stephney. 
Foard, George. 

Fraser, Albert. 
Gadson, Francis. 
Gilard, James. 

Grant, Easau. 

Greene, sr., Philander. 
Grier, David. 

Grant, Joseph. 

Green, Gabriel. 
Gibbson, Jack. 

Great, David. 

Gordin, Fortune. 
Gary, Washington. 
Gibbs, Lazarus. 
Gathers, Tony. 

Grant, Lawrence. 
Gibbson, Frank. 
Gainey, Cyrus. 
Gadson, Abram. 
Grant, Edward. 

Gibbs, Brister. 

Green, Pay. 


Green, Guly. 
Golden, Stephney. 
Horry, Smart. 
Johnson, N. G. 
Johnson, Faith. 
Jinken, Skilen. 
Knox, Elex. 
Kenloch, Nathan. 
Lance, Robert. 
Ladson, Jack. 
Lance, George. 
Lance, John. 
Mclnsy, J ohn. 
Myers, J ames. 
Mclnsey, Nelson. 
Moultrie, Romeo. 
Major, Primus. 
Maybank, Charles. 
Myers, James. 
Nesbit, Wm., jr. 
Nelson, Madison. 
Nesbit, Time. 
Pyatt, Ezil. 

Price, Daniel. 
Pyatt, Frank. 
Pyatt, Sander. 
Pyatt, Ambros. 
Rutledge, Jasper. 
Rutledge, Jack. 
Rutledge, Isaac. 
Reese, Giffort. 
Smalls, Samuel. 
Sumpter, Francus. 
Smalls, A. G. 
Syndab, Walley. 
Syndab, David. 
Smalls, Hercules. 
Sparkman, Grant. 
Shallow, Peter. 
Smalls, Isiah. 
Smith, Boston. 


Simmons, Moses. 

Shaw, William. 

Sumpter, Joshua. 
Sherald, Lewis. 

Smalls. Harry. 

Tilman, W. M. 
Washington, Tytas. 
Waldo, Cado. 
Washington, Duke. 
Washington, Abram. 
AYheeling, Luckey. 
Wright, Andrew. 
Weston, John. 
Wheeling, George W. 
AVeston. Parris. 
Williams, F. W., (Frank) 
Wigfall, Nerniah. 
Wigfall, Geo. 

Young, Francus. 

Young, James. 

Young, Peter. 

Young, Charles. 

Young, AY. M. 

Blank No. 1. 

Bower, Joaut. 

Cohen, Toby. 

Can, Peter. 

Daes, Sanders. 

Deas, A. 

Grat, Money. 

Gadson, J. C. 

Jeneritt, Sam. 

Lacro, Peter. 

Lawrence, M. 

Price, S. 

Poinset, Easau. 
Rutledge, Cyrus. 

Small, T. Y. 


Pringle, Harry. 
Price, Isic. 

Poter, John. 

Read, Henry. 
Sesnus, James. 
Smith, Willas. 
Saard, Fed. 

Smith, Solomon. 
Sacard, Albert. 
Tucker, Matthew. 
Yandross, John. 
Yerreen, Wesley, 
Yerreen, John. * 
Williams, Boston. 

Wasliinjrton, Moses. 
AYarin, Pornpy. 


List of affidavits from Clioppee precinct. 


Steward, Jackey. 
Swinton, Prince. 
Yernow, Robt. 
Yanahost, Albert. 
AYatson, S. AY. 

Blank No. 2. 

Alston, Jacob. 
Alston, Parrice. 
Armstrong, F. 
Armstrong, Monday. 
Allston, Rufus. 
Brown, Newman. 
Brown, James. 
Beard, Flander. 
Brockenton, Jam. 
Brown, Jerry. 
Cuttino, Charles. 


Canture, Richie. 
Ford, J. J. 

Gillyards, Manevill. 
Grate, Isick. 

Green, Will. 
Gillyard, Philip. 
Grant, Frank. 
Houter, Porter Jiles. 
Hams, Lambert. 
Jiles, Jam. 

Jiles, William. 
Larrance, John. 
Langley, Luke. 
McCollough, James. 
Nesbit, Will. 
Marlow, John. 
Parker, Ervin. 

Price, Louis. 

Poter, James 


MURRAY VS. ELLIOTT 


405 


Blank No. 1. 

AllstOD, York. 

Alston. Ben. 

Brown, Parker. 
Bowie, Samuel. 

Blake, Alfred. 

Brown, Henry. 

Brown. J. H. 

Brown, Eclie. 

Blake, Joseph. 
Campbell, Jensey. 
Coakley, Joseph. 
Daise, Sandy. 

Base, Isaac." 
Genorritt, J. A. 

Green, Mitchell. 
Green, Edward. 
Green, B. J. 

Green, David. 

Hagood, Ancel. 
Holmes, Isaac. 

Ized. Joe, 

Johnson. Stephney. 
Jenkins, O. J. 
Johnson, Sam. 
Johnson, Walker. 
James, G. M. 

Joseph, R. E. 

Keith, Dublin, jr. 
Lanson, Hamond. 
Lawrence, Joseph. 
Lance, William. 
Maybank, Michael. 
Marshaw, John. 
Martin, John. 

Martin, Edward. 
Parson, J. A. (J. B.) 
Pawley, E. D. 
Pithman, E. P. 

Pinor, T. H. 

Price, Rolar. 

Ransom, John R. 
Richards, George. 
Smith. Prery. 
Singleton, A. D. 
Swinton, John James. 
Smith, Joiner. 
Weathers, F. G. 
White, S. W. 
Williams, D. H. 
Weston, Enoxe. 
Wilson, Thomas. 
Washington, Thos. 
Washington, Thomas. 

Blank No. 2. 

Alston, Michael. 
Alston, Peter. 


Blank No. 1. 
Davis, Jessie. 


Blank No. 1. 

Bennett, G. W. 
Davis, B. J. 

Jinkey, J. B. L. 
Mack, Robert. 


Blank No. 2. 

Allston, Gabel. 

Allston, Sam. 

Bum, Shedrick. 

Conas. March (Conyers). 
Collins, Tom. 

Elliott, Jos. 


List of affidavits from Georgetown precinct. 


Anderson, Ellis. 
Arnold, Joseph. 
Alston, Robert. 
Anderson, Lewis. 
Allen, Bob. 

Bugs, James. 

Blake, James. 

Bay, Jack. 
Benjamin, Jack. 
Bolins, John. 

Bay, Henry. 

Briton, Silas. 

Briton, P. P. 

Brown, Hamraon. 
Brown, Bil. 

Bolins, Harry. 
Boman, Samson. 
Burror, Sam. 

Brown, John. 
Brown, J. W. 
Brooks, Edward. 
Brown, Henry. 
Brown, Joseph. 
Brooks, Joe. 

Briton, Anethiny. 
Brown, William. 
Brunson, George. 
Brightmau, Manuel. 
Brown, Prince. 
Camel, Ben. 

Car, Ceasar. 
Cammell, Arndrew. 
Colson, Simon. 
Camel, Grant. 
Colington, Gabe. 
Choin, Caesar. 
Coles, Larry. 
Chance, Jacob. 
Chatman, Richard. 
Davis, Hamlin. 
Dozzier, Sam. 

Deyes, Morris, 
Davis, Friday. 
Debneo, Jackey. 
Dozzier, M. C. 
Dozier, Sandy. 

Deys, Richard. 
Dozier, Jacob. 
Emerby, Abram. 
Elder, John. 

Ford, June. 
Fryerson, Joseph. 
Fraser, Yutan. 
Fraser, William. 
Frost, Dandy. 

Ford John. 

Ford, Ellic. 

Grant, P. G. 

Golden, Daniel. 


Green, Sam. 

Gidens, David. 
Gatson, Jacob. 
Grunens, John. 
Green, Buck. 

Green, Jim. 
Griphen, May Bery. 
Green, Mact. 
Gillard, J as. 
Gardner, Paxten. 
Green, Simon. 
Green, Billy. 

Grant, Mack. 

Grant, Jas. 

Grate, Toby. 

Grove, Jas" 

Grant, Frank. 
Green, Frank. 
Gardner, March. 
Gardner, Daniel. 
Godfrey, Henry. 
Homes. Ben. 

Hazel, Tony. 
Hemency, Pinkney, 
Heines, Gipson. 
Hasel, Jake. 
Hamlin, Henry. 
Hanks, Daniel. 
Homes, Guy. 

Isard, Edmon. 
Isard, Robert. 
Ivens, Sam. 

Irons, Matis. 
Johnson, Henry. 
Johnson, Stephney. 
Johnson, Adam. 
Keith, Peter. 
Kilocli, Smart. 
Keith. Mike. 

Kiloch, Shaper. 
Kiloch, Edward. 
Keith, Dublin. 
Layer, Wm. 
Lawrence, Tom. 
Lamb, Simon. 
Latson, William. 
Lester, Ben. 
Lawson, John. 
Lawrence, Abram. 
Lawson, Willie. 
Lines, Carolina. | 
Michael, George*. 
Moultrie, George. 
Maybank, Elic. 
Moultry, Jack. 
Moultry, Tim. 
Martin, John. 
Mention, Edward. 
Moultry, William. 


Martin, Jas. 

Meyers, Ellic. 

Moultry, Yalk. 
Moultry, Dick. 
Mitchell, John. 
Moultry, George. 
Martin, Ben. 

Neils, Williams. 
Nesbit, Paul. 

Pyass, Moses. 

Pyass, Chas. 

Pyass, Toby. 

Pyatt, Harry. 

Pyatt, Frank. 

Pyatt, Andrew. 
Prescott, Abram. 

Rug, Moses. 

Rice, Sipol. 

Rutledge, Chas. 

Rivers, Jack. 

Rue, James. 

Rivers, Heloin. 
Rutledge, Carolina. 
Rice, Ransom. 

Rainey, Renty. 

Reed, Huners. 

Reese, Wm., jr. 

Sherril, William. 
Smith, Sanders. 

Smith, Fred. 

Singleton, Ned. 
Singleton, Boney. 
Sumter, George. 

Taylor, John. 

Tilman, George. 
Tompson, Ben. 
Yanclerhost, Harry. 
Vone, Henry. 
Wetherhorii, Cornelius, 
Wineglass, Joe. 
Williams, Chas. 

White, Ceasar. 
Whitfield, P. 

Williams, Jas. 

Wellard, Frank. 
Williams, John. 
Weston, Frank. 


List of affidavits from Iveys precinct. 

Blank No. 2. Alston, Dennis. Washington, Sam. 

Moultrie, Richard, jr. Washington, Samsin. 

Alston, John. Seanoir, William. 


List of affidavits from Cedar Creel precinct. 


Parker, Ed. 

Parker, Henry. 

Blank No. 2. 

Bronson, J. 


Copper, Edward. 
Days, R. 

Engue, J. 
Gourdin, P. 
Green, Sam. 
Mayre, J. 


Parker, Primus. 
Parker, Jacob. 
Parker, Nat. 
Washington, F. 
Washington, M. 


List of affidavits from Sandy Island precinct. 


Grant, Francis. 
Gourdine, Cain. 
Gilliard, Summers. 
Gilliard, Ben. 
Howard, Jno. 
Heyward, Robert. 
Johnson, Richard. 
Keith, Joe, jr. 


Keith, Joe, sr. 
Lance, Charles. 
Pyatt, Lee. 

Pyatt, Henry. 
Rhodes, Andrew. 
Rhodes, Nat. 
Roberson, Stalon. 
Sparkman, Jas. 


Washington, Scipio. 
Washington, Uamon. 
AYants, Carr. 
AYeathers, Robert. 
AYeathers, Louis. 
Young, Philipp. 
Young, Phillip. 


406 


MURRAY VS. ELLIOTT. 


Blank No. 1. 

Brockiugton, Simon. 
Brown, 11. W. 
Collins, Virgil. 
Gibbs, John. 

Small, Hudred. 
Sharold, March. 
Snobank, Benjamin. 
Washington, Simon. 

Blank No. 2. 

Alston, David. 
Brown, Boston. 
Blake. Jonas 
Brown, Streffon. 
Brockington, Jack. 


Blank No. 1. 

Alston. Dick. 
Armstrong, Wm. 
Johnson, Noah. 
Myers, W. M. 

Reed, Joe. 

Session, London. 

Blank No. 2. 

Armstrong, Anthony. 
Alston, W. M. 

Briton, Peter. 

Briggs, George. 
Brown, W illiam. 
Bowens, Ceaser. 
Baker, Friday. 
Coeurn, Edward. 
Cassel, Abram. 


List of affidavits from Lower Waccamaw precinct. 


Brooking, Moses. 
Brooking!on, Carolina. 
Canady Joe. 

Deas, Drayton. 

Dimes, Jen. 

Freaser, Isaac. 

Freaser, Cain. 

Funey, David. 

Grant, Charles. 

Gibbs, Prince. 

Greggs, Profit. 

Greggs, Thom. 

Green. Lewis. 

Gillard, Sam. 

Grant. Brister. 

Gibbs, Adam. 
Hambleton, Luke. 
Happey, Jonas. 


Hopkins, Charles. 
Irons, John. 
Jincking, Moses. 
Jenking, Jack. 
Jincking, Boyzio. 
King, Sam. 

Lodgy, Edward. 
McCant, Henry. 
McCant, Prince. 
McNight, Cain. 
Maybank, Jack. 
Maybank, Richard. 
Mack, Shedrick. 
Nelson, Cubit. 
Pinkney, John. 
Parker, Jack. 
Rhodes, Primus. 


Small, Phelix. 
Stewart, R. W. 

Small, James. 

Saxby, Sandy. 
Sargent, Joe. 

Small, Moses. 
Singleton. Stephney. 
Toomer, Frank. 
Thomas, Joseph. 
Ward, Moses. 

Ward, August. 
Washington, Charley. 
White, Joe. 

Wright, Minus. 
White, Jake. 

White, Amos. 
Weathers, York. 


List of affidavits from Brown’s Ferry precinct. 


Carter, Joe. 

Daniel, Peter. 

Dabby, Sistny. 
Davies, Robert. 

Ford, Pompy. 

Ford, Pane. 

Gore, Ben. 

Greene, Joe No. 2. 
Gi'eene, John. 
Greene, Elish. 
Goodwin, Nathn. 
Greene, Sam. 
Grimage, Richard. 
Greene, Joe, No. 1. 
Henderson, Richard. 
Holmes, Richard. 
Holmes, Abrahm. 
Heywood, Matyers. 
Harms, Dock. 
Holmes, Cain. 


Howard, Washington. 
Johnson, Rilly. 

Jersu, Edward. 
Knickerson, Ismeal. 
Knickerson. Decatia. 
Lawrence, Isreal. 
Lawrence, Mana. 
.oyers, John. 

Myzeck, Abrah. 
Miller, Weston. 

Miller, Dunkin. 
Orange, Wille. 

Priest, Anthony. 
Prior, Sam. 

Purkin, Simon. 

Prott. Phoebus. 
Rutledge, Jack. 

Rice, Merryan. 
Richard, Jacob. 
Session, Jack. 


Small. Ben. 
Sparkman, Gerry. 
Session. Solomon. 
Smalls, Isac. 

Small, Friday. 
Sparkman, Frank. 
Small, Friday. 

Scott, Richard. 
Simons, James. 
Washington, Peter. 
Washington, Pompy. 
AVasliington, David. 
AVright, Amos. 
Williams, Billie. 
Williams, John. 
AVarren, Samson. 
Young. Alfred. 
Young, Thomas. 


H. H. GARDNER, sworn, testified: 

Q. Please state your name, age, residence, and occupation.—A. H. H. Gardner; 
age, 51; Georgetown, S. C.; my occupation is president Gardner & Lacey Lumber 
Company. 

Q. How long have you been a resident of this State and county?—A. About five 
years. 

Q. Where did you reside before coming to South Carolina?—A. Chicago, Ill. 

Q. Please state how many years you have been engaged in the lumber business.— 
A. Thirty one years. 

Q. Please state for whom you voted at the last election for President, and for Con¬ 
gressman from this district.—A. William McKinley for President and William Elliott 
for Congressman. 

Q. Was there not in the last campaign in this county a loosening of party ties in 
consequence of the strong tendency on the part of some of the Democrats to support 
McKinley for President on account of his high-tariff and sound-money views ?—A. 

think there was to a very large extent in a great many cases, and it was quite 
general. 

Q. Do you remember hearing any Democrats in this county advocating the election 
of McKinley upon those grounds?—A. Yes; I do. 

Q. Do you remember any names?—A. I can’t call any particular names; it was a 
general talk by various Democrats. 

Cross-examination: 

Q. Do you know of any leading or prominent Democrat in the county who had 
put forth any special effort in the way of having the electoral ticket of the Repub¬ 
lican candidates for President and Vice-President receive a majority of the Demo¬ 
cratic votes cast in the last election?—A. No; can’t recall any just now. 

Q. Have you ever heard any of the leading Democrats in this county address any 
Democratic mass meeting in behalf of the Republican electoral ticket that was voted 
at the last election?—A. I have not been present at any of the meetings of either 
party. 


MURRAY VS. ELLIOTT. 


407 


Q. Do you know, ot your own knowledge or otherwise, if any such meeting was 
held in this city or county during the campaign of the last election ?—A. I do not. 

H. H. Gardner. 

Sworn to before me this 23d day of March, 1897. 

[seal.] Ross C. Davis, Notary Public. 

WALTER HAZARD, sworn, testified: 

My name is Walter Hazard; age, 37; residence, Georgetown, S. C.; occupation, 
lawyer. I am the attorney of the contestee in this case. All the affidavits which 
were introduced on behalf of the contestant, G. W. Murray, at the taking of testi¬ 
mony by him, in this county, with the exception of the affidavits from Griers and 
l’ee Dee precincts, and also Carvers Ray precinct, were placed in my hands by M. B. 
Allen, notary public, and J. I. Washington, attorney for the contestant, to enable 
me to make a list of the names of the affiants. 1 placed the affidavits in the hands 
ol my clerk, Mr. W. B. Arnhalter, in the same condition in which I received them, 
with instructions to make from them a complete list of the names of the affiants, 
which he did. Subsequently, by my instructions, he arranged this list in alphabet¬ 
ical order, and it is a part of Exhibit C, now in evidence. The attorney for the con¬ 
testant and the notary promised to let me have, also, the affidavits from Griers and 
Pee Dee precincts, but through some oversight on their part they neglected to do so 
before leaving Georgetown. I wrote to Messrs. Elliott & Elliott, of Beaufort, S. C., 
who are the attorneys for the contestee in that county, informing them of the prom¬ 
ise made to me by the contestant’s attorney and requesting them to obtain from him 
a list of the affiants from Griers and Pee Dee precincts and send it to me. After some 
little delay I received from them the list which has been offered in evidence and 
marked “Exhibit B,” with the statement that it had been given to them by the con¬ 
testant’s attorney. This list I also placed in the bauds of my clerk, W. B. Arn¬ 
halter, with instructions to make an alphabetical list of the names therefrom. This 
he did, and the list so made by him is a part of Exhibit C, which was proven by his 
testimony. 

I was under the impression until a few moments ago that Exhibit C also included 
the names of the affiants from Carvers Bay precinct, but on examining it I find that 
I was mistaken. There were 6f affidavits from that precinct introduced on behalf of 
contestant and identified by the testimony of Daniel Davis. The statements which 
I now propose to make do not include or refer to the affidavits from that precinct. 

I made a personal comparison of Exhibit C with Exhibit A, heretofore proven by 
the testimony of B. H. Ward, which contains a list of the applicants for registration 
certificates who were rejected by the board of registration. My object was to ascer¬ 
tain how many of the names of affiants were included in the list of rejected appli¬ 
cants. For this purpose I checked off on Exhibit C every name which also appeared 
on Exhibit A. By my count there were 676 names on Exhibit C which did not appear 
on Exhibit A. By the count of my clerk, Mr. Arnhalter, there were 673 such names. 
The list as checked by me speaks for itself, as it is in evidence. I found by actual 
count from the lists prepared by Mr. Arnhalter that the number of affidavits intro¬ 
duced on behalf of contestant exclusive of those from Carvers Bay precinct and 
also exclusive of those from Griers and Pee Dee precincts (which were counted by 
Mr. Arnhalter and not by me) was as follows: 

Potato Ferry. 7 Griers. 78 

Cedar Creek. 18 Upper Waccamaw. 157 

Choppee. 69 Pee Dee.— 138 

Browns Ferry. 73 Georgetown. 220 

Lower Waccamaw. 65 - 

Sandy Island. 29 Total. 638 

Adding to this number the 216 affidavits counted from Griers and Pee Dee pre¬ 
cincts, counted by Mr. Arnhalter and testified to by him, I found a total of 854 affi¬ 
davits introduced on behalf of the contestant, exclusive of those from Carvers Bay 
precinct. Of these 854 persons whose affidavits purport to state that they applied 
for registration certificates and were rejected by the board of registration I found 
that the names of only 181 appeared upon the list of rejected applicants as made by 
the clerk of the board of registration and proven by his testimony, now in evidence 
and marked “Exhibit A.” The number of names not found on Exhibit A was, as I 
have already stated, by my count, 676, and by Mr. Arnhalter’s count, 673. 

Cross-examination: 

Q. Who did you vote for for President and Vice-President at the last election?— 
A. My vote being a private matter I am not compellable to testify about it, but I 
have no objection to saying how I voted. I voted for Bryan and Sewall for Presi¬ 
dent and Vice-President. 














408 


MURRAY VS. ELLIOTT 


Q. Were you not elected to the State senate from this county as one of the lead¬ 
ing Democrats, and also on account of the valuable service the Democrats of this 
county believed would be rendered them by you?—A. I was elected to the State 
senate in 1892, but as to the reasons for my election 1 do not think my testimony is 
competent or proper. I do not believe, however, that the Democrats supported me 
because they believed that my services would be partisan in their nature. 

Q. Do you know whether or not any Democratic political mass meeting has ever 
been held in this county during the last campaign, through the efforts of any of the 
leading Democrats, or otherwise, in behalf of the Republican Presidential ticket?— 
A. I have not attended any political meetings for four years. I do not know of any 
such meeting having been held. 

Walter Hazard. 

Sworn to before me this 23d March, 1897. 

[seal.] Ross C. Davis, Notary Public. 

Georgetown, S. C., March 34th, 1897. 

An adjournment was had at 2.30 p. m., March 23, 1897, until this morning, March 
24, 1897, at 10.30 a. m. 

L. S. EHRIG'H, sworn, testified: 

Q. Please state your name, age, residence, and occupation.—A. L. S. Ehrich; age, 
42; residence, Georgetown, S. C.; occupation, merchant. 

Q. To what political party do you belong?—A. Democratic. 

Q. For whom did you vote for President and for Congressman from this district at 
the last election?—A. I voted for McKinley for President and William Elliott for 
Congressman. 

Q. Have you participated actively in politics, and have you held any official posi¬ 
tion in the Democratic party in this county during the past fifteen years?—A. Yes; 
I have been actively interested in politics continuously during that time, and have 
been a member of the Democratic committee for eight years, two years of which time 
I was chairman, and have also served as a delegate to State conventions on several 
occasions. 

Q. If you have no objections for doing so, please state your reasons for voting for 
McKinley for President.—A. McKinley’s views, both as to the tariff and finance, were 
in accord with what, in my opinion, was for the best interests of the country, there¬ 
fore I concluded, though never before having cast a Republican ballot, to vote for 
McKinley. 

Q. Was there not very strong dissatisfaction among the Sound Money Democrats 
of this county with the nomination of W. J. Bryan for President, and was there not 
also a strong disposition on the part of many of the Democrats of the county to sup¬ 
port McKinley, partly on account of his financial policy and partly on account of 
his tariff policy?—A. From the time of the first copies of the Democratic platform, 
adopted at Chicago, was received at this place, I heard expressions of disapproval 
from men I had known to be life-long Democrats, and assertions publicly made that 
they would not support the nominee. 

Q. Was there not, as a result of this dissatisfaction, a general loosening of party 
ties in the Federal election in this county last year?—A. There undoubtedly was. 

Q. Can you give me the names of any Democrats who, to your own knowledge, 
voted the Republican Presidential ticket in the last election?—A. I can not give any 
names, as I never followed the matter up to an extent to be in a position to positively 
state. I can only say that a number of my acquaintances, whom I had publicly told 
that I proposed to vote for McKinley electors, told me that they proposed to do the 
same, and I am satisfied, beyond all doubt, that at this election a considerable num¬ 
ber of voters who had been Democrats all their lives cast their first Republican 
ballot. 

Q. Was there any tendency on the part of those Democrats who favored McKinley’s 
election to oppose the election of Col. William Elliott as Congressman from this 
district?—A. None, whatever ; on the contrary, Colonel Elliott’s able efforts in secur¬ 
ing for Georgetown liberal appropriations for our river and harbor works made him 
not only very popular with all Democrats, but also secured him many votes from the 
better class and thinking persons of our colored population; also the additional fact 
that his views, both as to tariff and finance, were very much in accord with those of 
Mr. McKinley. 

Q. Do you remember the publication during the campaign last year, in either the 
Charleston News and Courier or the Georgetown Times, of a strongly written letter 
from Capt. Wm. Miles Hazzard, a well-known rice planter of this county and a 
Democrat of long standing, advocating the election of McKinley upon the ground 
that a high tariff policy would be beneficial to the rice industry?—A. I read the 
article in both papers named, and to my mind it meant the beginning of the throw- 


MURRAY VS. ELLIOTT. 


409 


ing oil of party ties by a large number of voters in our section who had, after many 
years, realized that their business interests could only be maintained and benefited 
by the Republican policy of protection to home industries. 

Cross-examination: 

Q. As an active and prominent Democrat, did you attend all the Democratic 
political meetings held in this city during the last compaign?—A. So far as I know 
I did, as I took an active part in the election of Jos. H. Earle as United States 
Senator. 

Q. Do you know of any efforts put forth by any of the prominent Democrats of 
this county in behalf of the Republican electoral ticket during the last compaign?— 
A. No public demonstrations were made for either candidate by the Democrats 
of this county, but expressions of opinion were numerous, many Democrats declar¬ 
ing that they would vote for McKinley, while others who were not yet ready to vote 
the Republican ticket declared that they would not vote at all for Presidential 
electors. 

Q. In reference to Colonel Elliott, you said that his able efforts in securing liberal 
appropriations for rivers and harbors of this State and county did not only make him 
popular with the Democrats, but also with the well-thinking Republicans of this 
county, and was the means of securing for him many votes of the Republicans of 
this county. Were not the liberal appropriations made due as much, if not more so, 
to the efforts put forth by committee or committees sent by the citizens, both white 
and colored, of this city, to confer with the Committee on Rivers and Harbors at 
Washington?—A. I think I can speak authoritatively on this point, as I have been 
twice sent by the citizens of Georgetown, as chairman of the board of trade, on the 
committees alluded to, and while we furnished all data and arguments possible bear¬ 
ing on the necessity and the advantages to be obtained by the completion of the 
various works embodied in our river and harbor system, yet our committee was 
always alive to the fact that but for the arduous efforts of Colonel Elliott we could 
not have accomplished what has been done, and I believe our committee was always 
unanimous, on their return from Washington, in making this statement, regardless of 
color or politics, and I assert positively that I know of my own knowledge that it 
has gained him votes among the colored population, who know they will be bene¬ 
fited pecuniarily while this immense Avork is going on. 

Q. Is not the editor of the Georgetown Times one of the prominent leading Demo¬ 
crats of this county and been so for many years?—A. I should say, up to tlie time 
of his appointment as postmaster at Georgetown, S. C., he was, but so far as I know, 
from personal observation as well as conversations had with him at various times, 
I would say that since his appointment as postmaster he has not been prominent in 
politics in this county. However, he has conducted his paper, which is mainly sup¬ 
ported by Democrats, on Democratic lines, and has favored the election in said paper 
of all Democratic nominees. 

Q. In reference to the article published in his paper, the Georgetown Times, by 
Capt. Wm. Miles Hazzard, do you not know that that letter was published while 
the editor was absent, and on liis return he expressed his personal objection to the 
publication of such a letter in the columns of his paper, as he regarded the let ter to 
be of interest to the Republican party?—A. I know nothing of any of the state¬ 
ments made in that question except that the article was published and I read it. 

Q. Do you know the total number of registered Democratic votes of this county? 

(Counsel for the contestee objects to this question on the following grounds: 
First, because it is irrelevant; second, because it is not in support of any allegation 
in the notice of contest; third, because the witness can not be presumed to have 
any knowledge on this point; fourth, because voters are not registered under the 
law as members of political parties and the law does not require any record to be 
kept of their political persuasions, nor is any such record kept.) 

A. No; I do not. 

Q. Do you know the total number of registered Republican voters in this county? 

(Counsel for contestee renews the objections just made.) 

A. I do not. 

Q. Did you not read the statement, published in the Georgetown Times a few days 
before the"last election, showing the total number of registered Democratic voters 
and the total number of registered Republican voters of this county, and that the 
Republicans had a majority of 84? 

(Counsel for the contestee renews the objections just made.) 

A. I think I saw the article published, alluded to in the above question, and as 
near as I remember it was based on the official statement made by the supervisor of 
registration, and simply showed the number of white and colored voters who had 
received registration certificates and were entitled to vote, and it would be impos¬ 
sible from this statement to say how many were Republicans and how many were 
Democrats. 


410 


MURRAY VS. ELLIOTT. 


Q. Did you hear the speech made by G. W. Murray, the contestant in this case, on 
the 31st day of October last, in front of the city hall in this city? Have you heard 
any other speech made in this county in behalf of the Republican electoral ticket 
that was voted for at the last election?—A. I heard a part ot Murray s speech and 
heard no other. I don’t remember particularly what he had to say about the Repub¬ 
lican electors, but remember he gave our Democratic sherilf a good indorsement. 

Q. Isn't it a fact that the colored people of this county are considered the Repub¬ 
licans of the county?—A. I think it is a fact that the majority of them vote the Re¬ 
publican ticket, but my experience has been, in later years, that they take less and 
less interest in politics, year by year. This has been brought about to a great extent 
by the manner in which we conduct our county politics, giving the colored people 
certain offices, irrespective of their politics, and running what we call a compromise 
ticket. The experience of the past has taught the working people among our colored 
population that a change of Administration, so far as Federal politics is concerned, 
while it may give a few of their color an office, works no advantage to them, and 
this being a rice country they are more interested in the election of one who favors 
high tariff, and as Colonel Elliott, in all his public speeches, had been an advocate of 
high protection for rice it has made him popular with all who are interested in its 
growth along the South Atlantic coast. 

Q. Is the laxity of interest of the colored people in politics due to the manner in 
which they are treated in county affairs or to the disadvantage they claim to have been 
taken of them through what they denounce as the unconstitutional registration 
laws?—A. The laws being alike, for both white and colored, 1 see no reason why this 
objection should apply. 

Q. Do you know if there is in this county a white Republican? 

(Counsel for the contestee objects to this question on the ground that it is irrelevant 
and not in response to any allegation in the notice of contest.) 

A. I believe there are numbers who did and will vote for the Republican nominee 
for President. 

Q. Please tell me if you know of any white man who has taken a side in party lines 
and has allied himself with that party as a member, and who has worked for the 
interest of the Republican ticket in the last campaign. 

(Counsel for the contestee objects to this question on the ground above stated.) 

A. Mr. Louis Jacobs, a prominent white Republican of this State, who at the time 
was a resident of Georgetown, was requested by myself and others to organize a 
white Republican club in Georgetown, and was told that he could forthwith organ¬ 
ize a club of considerable proportions in this city. The fact that this club not hav¬ 
ing been organized is due entirely to himself, and for what reasons I do not know. 

Redirect: 

Q. In your cross-examination you stated that you heard the speech of G. W. 
Murray in front of the city hall last October, but heard no other Republican speech 
in support of the Presidential ticket. Did you not hear a speech by G. YV. Murray, 
the contestant in this case, prior to the Presidential nominations by the Republican 
party last year, in which lie expressed an opinion as to the conduct of the duties of 
their office by the board of registration of Georgetown County ? If so, what was that 
opinion?—A. Of course I can’t give his words verbatim, but I remember distinctly 
his statement to the effect that he had been given to understand by his friends in 
this county that the registration was being conducted fairly and impartially. 

L. S. Ehrich. 

Sworn to before me this 24th day of March, 1897. 

[seal.] Ross C. Davis, Notary Public. 

L. MONZON, sworn, testified : 

Q. Please state your name, age, residence, and occupation.—A. L. Monzon;age, 
22; residence, Georgetown, S. C.; occupation, telegraphy. 

Q. Are you a Democrat?—A. No, sir. 

Q. What ticket did you vote in the last election for President and for Congress¬ 
man from this district?—A. I voted for McKinley for President and Elliott for Con¬ 
gressman. In national politics I voted the Republican ticket and in State politics 
I voted the Democratic ticket. 

Q. Are you a white man and a native of this State?—A. I am. 

Q. May I ask what your reason was for voting the Republican Presidential ticket ?— 
A. I was induced to do so by the fanaticism of the Democratic party. 

Cross-examination: 

Q. How long have you been living in this county before the last election?—A. A 
little over a year. 

Q. Have you heard or do you know of any other white Republican living in this 
county as a citizen during the period you were living here before the last election? 


MURRAY VS. ELLIOTT. 


411 


(Counsel for the contestee objects to this question ou the grounds above stated.) 

A. I can t say positively, but I think there were a number of white Republicans 
here before the last election. 

Q. Are you both a national and local Republican?—A. My answer is stated in 
reply to a previous question, which indicates that I am a Republican in national 
politics and a Democrat in State politics. 

L. Monzon. 

Sworn to before me this 24th March, 1897. 

[seal.] Ross C. Davis, Notary Public. 

An adjournment was taken at 1.30 p. m. until 11 a. m. March 25, 1897. 


Georgetown, S. C., March 25, 1897—11 a. m. 

The counsel for the contestee not being prepared to submit any further testimony 
at this time, the taking of depositions in this case was adjourned until 11 a. m. 
March 26, 1897. 

Georgetown, S. C., March 26, 1897— 11 a. m. 

The counsel for the contestee not being prepared to submit any further testimony 
at this time, the taking of depositions in this case was adjourned until 10 a. m. 
March 27, 1897. 

Georgetown, S. C., March 27, 1897 —11 a. m. 

The taking of depositions was adjourned sine die this day at 11 a. m. 

[SEAL.] Ross C. Davis, Notary Public. 

State of South Carolina, County of Georgetown: 

I, Ross C. Davis, a notary public in and for the State of South Carolina, residing 
in the city and county of Georgetown, in said State, do hereby certify unto all whom 
it may concern that the foregoing 142 pages contain the depositions of the witnesses 
therein named, taken before me, pursuant to the notices hereto annexed, at George¬ 
town, S. C., on the several days therein mentioned, on behalf of the contestee, William 
Elliott, in the matter of the contest for a seat iu the House of Representatives, Fifty- 
fifth Congress, from the First Congressional district of South Carolina. And I do 
further certify that each of the said witnesses, before he was examined by me, was 
duly sworn by me to tell the truth, the whole truth, and nothing but the truth, and 
that the said testimony was by me, or by my direction, and in my presence, reduced 
to writing in the presence of the said witnesses and of the attorneys for the contestant 
and contestee, and was duly subscribed by the several witnesses. 

In testimony whereof I have hereunto set my hand and seal at Georgetown, S. C., 
this 27th day of March, A. D. 1897. 

[seal.] Ross C. Davis, Notary Public. 

I, ,J. I. Washington, attorney for George W. Murray, hereby agree to waive for 
niality in service of notice as to one whole day being given, and consent that in case 
the examination is to take place in the town of Georgetown notice can be given on 
one day and the examination take place on the next day, a like concession having 
been granted me by contestee’s attorney. 

J. I. Washington, Attorney for Contestant. 

Notices to take depositions. 

To George W. Murray, Contestant: 

You will please take notice that the undersigned will, at Beaufort, in the county 
of Beaufort and State of South Carolina, on Wednesday, the 17th day of March, 
A. D. 1897, at 10 o’clock a. m., in the office of William Elliott, jr., Law Building, 
before Lawrence W. Sanders, a notary public in and for the State of South Carolina, 
examine and take testimony of the witnesses whose names are hereto annexed in 
relation to and touching the issues involved in the above case, and that said exami¬ 
nation will continue from day to day until the same shall be completed: Thomas 
Talbird, W. O. Prentiss, Charles L. Paul, W. C. Bellows, jr., W. D. Sanders, H. C. 
Pollitzer, all of whom will be produced in behalf of contestee. All of Beaufort, 
county of Beaufort, State of South Carolina. 

Wm. Elliott, Jr., 

Attorney for William Elliott, Contestee. 

Beaufort, S. C., March 15, 1897. 

Service of within notice accepted this 15tli day of March, 1897, at Beaufort, S. C 

J. I. Washington, Attorney for Contestant. 


412 


MURRAY VS. ELLIOTT. 


To George W. Murray, Contestant : 

You will please take uotice that the undersigned will, at Beaufort, in the county 
of Beaufort and State of South Carolina, on Monday, the 22d day of March A. D. 
1897, at 10 o’clock a. m., in the office of William Elliott, jr., Law Building, before 
La wrence W. Sanders, a notary public in and for the State of South Carolina, examine 
and take testimony of the witnesses whose names are hereto annexed, in relation to 
and touching the issues involved in the above case, and that said examination will 
continue from day to day until the same shall be completed: Dr. Thomas G. White, 
of Beaufort; W. H. Burn, of Beaufort ; J. F. Peck, of Beaufort; George W. Wilkins, 
of Frogmore; William Elliott, jr., of Beaufort; J. G. Verdier, of Bluff ton; all in 
the county of Beaufort and State of South Carolina; J. F. Peck, living temporarily 
in Savannah, in the State of Georgia. 

Wm. Elliott, Jr., 

Attorney for William Elliott , Contestee. 

Beaufort, S. C., March 18, 1897. 

Service of within notice accepted this 18th day of March, 1897, at Beaufort, S. C. 

J. I. Washington, Attorney for Contestant. 


To George W. Murray, Contestant: 

You will please take notice that the undersigned will, at Beaufort, in the county 
of Beaufort and State of South Carolina, on Friday, the 1st day of April, A. D. 
1897, at 10 o’clock a. in., in the office of William Elliott, jr., Law Building, before 
H. C. Pollitzer, a notary public in and for the State of South Carolina, examine and 
take testimony of the witnesses whose names are hereto annexed in relation to and 
touching the issues involved in the above case, and that said examination will con¬ 
tinue from day to day until the same shall be completed: J. G. Cole, Beaufort; F. T. 
Hardee, Hardeeville; H. M. Fuller, Sheldon; all of the county of Beaufort and 
State of South Carolina. 

William Elliott, Jr., 
Attorney for William Elliott, Contestee. 

Beaufort, S. C., March 31, 1897. 


Service accepted of above notice this 31st day of March, A. D. 1897, at Beaufort, 
S. C. 


J. I. Washington, Attorney for Contestant. 


To George W. Murray, Contestant: 

You will please take notice that the undersigned will, at Ridgeland, S. C., on 
Saturday, the 3d day of April, A. D. 1897, at 11 o’clock a. m., before C. J. Colcock, 
esq., a notary public in and for the State of South Carolina, at the store of J. S. 
Berg, examine and take testimony of the witness whose name is hereto annexed, in 
relation to and touching the issues involved in the above case, and that said exami¬ 
nation will continue from dav to day until the same shall be completed: J. S. Berg, 
of Ridgeland, S. C. 

Wm. Elliott, Jr., 
Attorney for William Elliott, Contestee. 

Beaufort, S. C., March 31, 1897. 


Service accepted of above notice this 31st day of March, A. D. 1897, at Beau¬ 
fort, S. C. 


J. I. Washington, Attorney for Contestant. 


Pursuant to notice, the taking of testimony was begun at 10.30 a. m. this 17th day 
of March, 1897, at the place named in notice, and the witnesses below were produced 
on behalf of contestee. 

Present: J. I. Washington, attorney for contestant; William Elliott, ir., attorney 
for contestee. ' * 


THOS. TALBIRD, sworn: 

Q. What is your name, age, residence, and occupation ?—A. Thos. Talbird; age, 
41 years; residence, Beaufort, S. C.; occupation, attorney at law. 

Q. What office do you hold in Beaufort County?—A. State senator from Beaufort 
County. 

Q. What office did you hold previous to your election as State senator?—A. I was 
a member of the board of school examiners for Beaufort County. 

Q. How long had you been a member of that board?—A. About two years. 

Q. Has that board the right to admit or reject applicants for certificates as school¬ 
teachers in the public schools of this county? 


MURRAY YS. ELLIOTT. 413 

(Counsel for contestant objects to the question on the ground that it is irrelevant 
and that the law governing the examiners is the best evidence on this point.) 

A. It is the duty of that board to pass upon the written examinations of applicants 
i or positions as teachers, the questions for such examinations being furnished by the 
State superintendent ot education, and to reject any applicant who fails to pass a 
satisfactory examination to qualify them as teachers. 

Q. 4 s a mem ber of said board have you ever examined and passed upon papers 
submitted by such applicants?—A. I have, on two or three occasions. 

Q* Please state when the last occasion was?—A. I think last October, or there¬ 
about. 

Q. 1'lease state if you recollect the number who passed satisfactorily that exami¬ 
nation, and the number who were rejected*? 

(Counsel ior contestant objects to all the foregoing questions relative to examina¬ 
tion of applicants as teachers, on the ground that they are irrelevant, and that the 
record of the board of examiners is the best evidence.) 

A. 1 kept no record of the number who stood the examination or of those who 
were successful, but I think the number who stood the examination was in the neigh¬ 
borhood of eighty; and I do not think that more than a third of those who stood the 
examination passed it. 

Q. Among those who were rejected were there any who had formerly held cer¬ 
tificates as school teachers?—A. Yes; quite a number. 

Q. Please state whether the papers submitted were of a high or low order, and 
what the policy of the board of examiners was in regard to papers submitted?— A. I 
should say, with a few exceptions, that the papers were of a low order. Some of the 
questions were answered in a most absurd manner by many of the applicants. The 
board was very liberal in its marking. 

Q. Upon a reasonable strictness being manifested by the board—I mean such a 
strictness as is usually employed in such an examination—what part of the applicants 
would have.passed successfully?—A. I can not speak positively as to that now, but 
from the policy pursued by the board in its marking, which was most liberal, every 
doubt being resolved in favor of the applicant, that if a strict examination had been 
held a large percentage of those who passed would have failed. 

Q. Why did the board pursue this very liberal policy of which you speak ?—A. I can 
speak as to the policy which actuated me, and I believe which actuated the members of 
the board, which was this: Nearly all the applicants were colored; I took into consider¬ 
ation the fact that they had not the opportunity of preparing themselves for teachers 
as others more fortunately situated had, and therefore felt that they should not be 
marked as strictly as they otherwise would have been. 

Q. At the time of this examination were there enough school teachers qualified 
under the laws of the State to fill the schools of the county?—A. I think there were, 
and more than enough. 

Q. Were those who were then qualified marked in the same manner when they 
■were examined for their certificates?—A. They were; that is, I mean that those who 
applied for reexamination for renewal of their certificates were examined in the same 
manner as others by us, but as to the examinations they passed when certificates were 
first issued I can not answer, as I was not a member of the board then; but judging 
from the character of the examination passed by those who stood an examination for 
the renewal of their certificates and failed and from what I have heai\l- 

(Counsel for contestant objects to witness testifying to what he has heard.) 

A. (Continued.) Coming to me frequently as a member of that board, I feel safe in 
saying that in a number of instances favoritism and political considerations, inde¬ 
pendently of the examination passed by ajiplicants, had a great deal to do with the 
granting of certificates by the Republican county superintendent of education, or 
commissioner, as he was then called. 

Q. In the last examination did you observe, in correcting the papers, any similarity 
between papers submitted by different applicants?—A. In the last examination the 
superintendent of education divided out the papers; he kept some and gave some 
to Mr. William Elliott, jr., who was also a member of the board, and myself, to mark. 
In the batch that I had I found that several of the applicants had evidently copied 
the answers to a number of the questions, and when the board met for the purpose of 
considering the papers of the applicants together and determining who had passed 
and who had failed, I brought it to the attention of the board, and in their batch of 
questions it was also found that a number had copied. In one instance two appli¬ 
cants had written their papers almost identically, word for word, throughout. In 
another instance the members of the board became satisfied that the papers sub¬ 
mitted by an applicant were not in his own handwriting. After carefully considering 
the matter the board refused to issue a certificate to each and every one of the appli¬ 
cants who had copied. I do not remember positively the number who were rejected 
on that account, but I feel satisfied that there were from eight to twelve or more. 

Q. Were any given certificates by the board who were suspected of having cheated, 



414 


MURRAY VS. ELLIOTT. 


but were given the benefit of the doubt?—A. The board only rejected those who 
they were positive had cheated. 

Q. Was not James Wigg a member of that board?—A. He was at that time county 
superintendent of education and ex-officio chairman of the board. 

Q. Was he at that time editor or connected with a paper called the Republican 
Advocate? 

(Counsel for contestant objects to question, because James Wigg himself is the 
person to prove this.) 

A. He was connected with it. 

Q. I ask this question for the purpose of contradicting .J. I. Washington. Did you 
hear James Wigg state during the meeting of the said board that he had wrong¬ 
fully accused the county board of registration of fraud, and that he had found out 
his mistake and had written an editorial for the Republican Advocate apologizing to 
the board, but that in his absence the said editorial had been struck out by J. I. 
Washington and had never been published?—A. I remember the circumstance very 
clearly, and that is the purport of what he said. I can not now recall his exact 
language. 

Q. Does the fact that a man in this county holds a certificate as school teacher in 
the public schools of the county prove, in your opinion, that he is qualified under 
the registration laws of this State for registration as a voter?—A. Not necessarily 
so, especially taking into consideration the manner in which the certificates have 
heretofore been granted; and I’ll state further, before I became school examiner, I was 
one of the school trustees for Beaufort Township, and had often said that some of the 
teachers who held certificates were so incompetent to teach that it was a waste of 
money to appoint them. 

Q. Please name the school commissioners who have held office in the past and 
whether they are white men or colored, Republicans or Democrats to the present 
time?—A. From 1876 up to the last election; all of the school commissioners of 
Beaufort were colored Republicans. Thomas H. Wheeler, who held the position 
for a number of years; A. S. Bascomb was the next, and James Wigg was last. The 
present incumbent is a white Democrat, qualified in December last; was elected in 
November. 

Cross-examination: 

Q. How many factions are there in the Democratic party of this county?—A. 
Prior to the last election there has been two: The Conservative and Reformers, but 
both factions came together at that election and ran a joint ticket. 

Q. Is it not a fact that you were nominated in the last Democratic primary 
and elected to the South Carolina senate as a member of what is known as the 
“Tillmanite” wing of the Democracy?—A. Prior to the last primary the two fac¬ 
tions named above by me divided out their offices between the two factions to be 
run for at that primary. I was nominated for the senate as a Reformer. 

Q. What was the attitude of the Reformers throughout this State, as to the finan¬ 
cial question then in agitation?—A. They were known as Free-Silver Democrats. 

Q. Please state, if you know, to which faction did or does Col. William Elliott, 
contestee, belong.—A. He is an advocate, so far as I know, of the gold standard. 

Q. What has been the vote cast in Beaufort County under the registration law of 
1882?—A. From 1,500 to 2,000, I think; but one year, some time ago, shortly after 
the law was passed, it went, I think, above that. 

Q. About what is the relative number of population—I meau as between whites 
and colored?—A. The colored are in the majority; how many, I can't say. 

Q. Are there two or three times as many colored as whites in this county ?—A. I 
should say three times. 

Q. By what vote were you elected senator at the last election?—A. I got, I think, 
something over 400 votes. 

Q. Who constituted the board of county examiners prior to your appointment to 
said board?—A. Dr. H. P. Priolson and Mr. M. H. Burn, and then Mr. Paul was 
appointed in Mr. Burn’s place. 

Q. Is it not a fact that these men whom you named constituted a majority of that 
board and that they were white men and Democrats?—A. It is. 

Q. Has not that board had a majority of white Democrats on it from 1876 to the 
present day?—A. If my memory serves me correctly, there has been since 1878. 

Q. Who employs the teachers to teach in the public schools of the county?—A. 
The school trustees. 

Q. Is it not a fact that a majority of the boards of school trustees have been since 
1876 composed of at least two white Democrats and a colored Republican?—A. No; 
there are several school districts in which that was not a fact. 

Q. You said in your direct testimony that a number of the applicants for school 
certificates had copied their examination papers, and for that reason were not given 
a certificate. Please give me names of them or some of them.—A. A large number 
of the applicants were unknown to me; I can only recall a few of their names now. 


MURRAY VS. ELLIOTT. 


415 


The one^ I remember are J. R. Rivers; Miss Dennis. These are about all of the names 
I can recall. 

Q. Vv ere not most of them females ?—A. That I do not remember. 

Q. V\ hat is required of a person before he or she is allowed to teach in the public 
schools of the county?—A. There are three grades of questions, first, second, and 
third. As I have said, our system of marking was very liberal, and I am satisfied 
that many of those who answered between 50 and 60 per cent of the questions were 
given certificates. 

Q. Is it not a requirement of your board that in order for one to teach in the pub¬ 
lic schools lie must hold a certificate signed by a majority of the board or a diploma 
from certain of the State colleges?—A. Yes; the State law requires that. 

Q. For how many years are these certificates of qualification good?—A. I think 
under the State law they were formerly good for two years, but the law has been 
changed since then and the time extended, I think. 

Q. Are you still a member of the board?—A. I am not. 

Q. When did you resign?—A. Having been nominated for the State senate, and 
not being able to hold two offices, I resigned the position of school examiner on the 
morning of election day by telegraph. 

Q. Please state when did A. S. Bascomb appear for examination as teacher in this 
county.—A. 1 do not know. 

Q. Did you not, as a member of the board, sign a certificate of qualification for 
him?—A. I did; he having satisfied us that he had formerly taught in the public 
schools of this couuty prior to his election as school commissioner, and the State 
law providing that no person shall be eligible for election to that office unless he 
was capable of holding a first-grade certificate, and that he was a graduate of a 
college, we issued the certificate to him without requiring him to stand the exami¬ 
nation. 

Q. Does not that same la w which you refer to say that a teacher in the public schools 
who is not a graduate of certain colleges in South Carolina, naming the colleges, 
must pass an examination before he is given a certificate?—A. Yes; but as I have 
stated above, A. S. Bascomb had previously been teaching in the public schools and 
my impression is that he presented to us a certificate of qualification, and that we 
renewed the same. 

Q. At any examination during your two years do you remember examining the 
papers of P. A. Riley, from Bluffton, J. H. Rivers, F. B. Rivers, W. J. C. Warren,Moses 
Bailey, of St. Helena, and Sam White, from Port Royal Island?—A. It is possible 
that I have, but I don’t recall positively now whether I have or not. I know that 
there were two Baileys from St. Helena Island whose papers 1 have examined, and 
that they failed to pass. 

Q. Are you positively sure that you did not issue certificates of qualification to 
Moses Bailey or W. J. C. Warren in October, 1895?—A. As I have stated above, I do 
not remember whether those you mentioned passed or not, but I am satisfied of this, 
that no certificates were issued to my knowledge unless they passed the examination. 
There was one instance in which an applicant was rejected, and we found out after¬ 
wards that some portion of his papers were lost or misplaced, and, giving him the 
benefit of the doubt as to whether he would have passed or not had those papers 
not been misplaced, we granted a certificate. 

Q. Was not the liberality on the part of the board in marking the examination 
papers based, to some extent, upon the impracticability of some of the questions 
asked in the examination?—A. No; but I will say that the questions on hygiene 
and pedagogics were very slightly taken into consideration by us, as we thought the 
applicant had not the opportunity of studying these branches, and the same might 
be said of a few questions on South Carolina history. 

Ths. Talbird. 

Sworn to and subscribed to before me this 17th day of March, 1897. 

L. W. Sanders, 
Notary Public, South Carolina. 

CHARLES L. PAUL, being sworn, testifies as follows: 

Q. What is your name, age, residence, and occupation?—A. C. L. Paul; residence, 
Beaufort, S. C.; age, 48; occupation, clerk of the circuit court. 

Q. As such clerk, are you the custodian of the records of the court of common 
pleas of Beaufort County ?—A. I am. 

Q. Have you in your custody the special docket for that court of appeals from the 
board of registration for this county ?—A. I have. 

Q. Will you please produce that docket and refer to the special docket of appeals 
from such board [witness produces docket]. Please state for what term the first 
entries were made.—A. For the May term, 1896. 


416 


MURRAY VS. ELLIOTT 


Q. How many names are on that docket for the May term, 1896?—A. I hirty-two. 

Q. Please state the names opposite which there are any entries, and stfite what 
those entries are.—A. No. 14, Wilson J. C. Warren, appeal dismissed; Gilbert Fulton, 
No. 15, appeal dismissed; Frank Hix, No. 17, appeal dismissed. 

Q. Please state the next term the docket is made up.—A. September, 1896. 

Q. Are the names thirty-two in number for May term on the docket carried forward 
as part of docket for the September term ?—A. They are. 

Q. Please state the whole number of appeals on the docket for the September term 
of court, 1896.—A. One hundred and twenty-seven. 

Q. Please give the appeals opposite which there is any entry, and state what 
entry.—A. Gilbert Fulton, No. 15, ended; Richard A. L. Middleton, No. 19, ended; 
Neptune Mitchell, No. 38, ended; Peter .Jenkins, No. 42, ended; Daniel Klein, No. 44, 
ended; E. B. Bobian, No. 47, ended; H. P. Stuart, No. 51, ended; Anthony Polite, 
No. 55, ended; Frank Pringle, No. 63, ended. 

Q. Please state the names opposite which there is a pencil check.—A. Charles 
Cuthbert, No. 11; Gilbert Fulton, No. 15; J. C. Pinckney, No. 20; Neptune Mitchell, 
No. 38; Peter Giles, No. 43; Daniel Klein, No. 44; E. B. Bobian, No. 47; C. B. Bobian, 
No. 48, H. P. Stuart, No. 51; Thomas Heyward, No. 53; Anthony Polite, No. 55; 
Frank Pringle, No. 63; William Laurence, No. 84; Robert Hamilton, No. 88. That 
is all—fourteen in number. 

Q. Why were those pencil checks put opposite the names you have given?—A. 
Those were the names that answered to their names when the docket was called. 

Q. Was the September term of court the last at which these appeals could have 
been heard before the general election?—A. It was. 

Q. Have you the appeals filed in your office that were served upon the board of 
registration?—A. I have. 

Q. Please produce them [witness produces papers]. Please refer to the record of 
ex parte W. H. Peeples et al., and read the return of the board to the judge of the 
court of common pleas.—A. “State of South Carolina, county of Beaufort. Ex parte 
W. H. Peeples, Gilbert B. Miller, et al. To the presiding judge of the court of com¬ 
mon pleas for Beaufort County: On the 13th day of July, A. D. 1896, W. H. Peeples, 
Gilbert B. Miller, et al., applied to the board of registration of Beaufort County for 
a certificate of registration; that, in accordance with the registration laws of this 
State, a section of the constitution was given each of them to read; they each failed 
to read the section submitted to them; the said section was read over to each of 
them and they, each of them, failed to understand or explain the said section when 
read over to them, and a registration certificate was thereupon refused to be granted 
to them by the board, from which refusal they have given notice of appeal, which 
notice of appeal is hereunto annexed. Respectfully submitted. J. G. Yerdier.” 

Q. The other two records which you have in your hand are also records in this 
same matter?—A. Yes; they are. 

Q. Please state if the return of the board is similar to that you have just read.— 
A. They seem to be identically the same. 

Q. Those which you have examined, are they similar or dissimilar to the one which 
you read?—A. They are similar in general form. 

Q. Please read to the notary order of Judge Earle in certain cases of appeal from 
the board of registration.—A. “South Carolina, Beaufort County. In the common 
pleas. Ex parte E. B. Bobiau et al. On hearing the appeal of the above-stated 
appellants from the board of registration in and for the county and State aforesaid, 
and reading the returns from the said board, it is hereby ordered that the decision 
of said board is sustained as to the appellants E. B. Bobian, J. C. Pinckney, Frank 
Pringle, and Peter Giles, and the decision of said board reversed as to the appel¬ 
lants H. P. Stuart, Daniel Klein, Gilbert Fulton, Primus Green, Neptune Mitchell, and 
Anthony Polite; and it is further ordered that certificate of registration Jje issued 
by said board of registration to the appellants H. P. Stuart, Daniel Klein, Gilbert 
Fulton, Primus Green. Neptune Mitchell, and Anthony Polite. September 18, 1896. 
Joseph H. Earle, presiding judge.” 

Q. Please count the number of appeals filed in your office since the writing up of 
the docket for the September term, 1896.—A. There are 103. 

Q. Are those all of the appeals filed in your office since that time?—A. They are. 

Cross-examination: 

Q. Y r ou say that opposite the names of Wilson J. C. Warren, Gilbert Fulton, and 
Frank Hix is written the words, “Appeal dismissed” on the docket for the May term 
of court, 1896. This docket shows that the appeal of these parties are continued 
and carried to the September term. How do you account for their continuance after 
having been dismissed ?—A. I don’t know. 

Q. Do you not know that these cases were called up at the May term by Judge 
Bennett, presiding, and dismissed without being heard?—A. I do not. 

Q. Is there not an order on file in your office, signed by Judge Bennett, modifying 
or reversing his decision in these cases?—A. There may be; I don't know. 


MURRAY VS. ELLIOTT. 


41T 


Q. When you say that these pencil checks on the docket—September docket— 
opposite certain names were put there by clerk of court when the docket was called 
and the parties answered, do you mean to say that the clerk at anytime during that 
term called all these names on the docket?—A. In taking charge of tlieoffice, Mr. S. J- 
Bampfield, my predecessor in office, called my attention to these pencil checks oppo¬ 
site the names on the docket. 

Q. Then of your own knowledge you don’t know what they mean?—A. No, sir, 
only what Bamplield told me. 

Q. The order from Judge Earle issued at the September term which you read 
awhile ago showed how many of these appeals were acted upon at that term?— 
A. The number was ten. 

Q. And how many appeals did you say were docketed up to that time?—A. One 
hundred and twenty-seven. 

Q. How many prominent factions of the Democratic party are there in South 
Carolina?—A. There are two factions. 

Q. By r what names are tliey T generally known?—A. Conservatives and Reformers. 

Q. To which of these do you belong ?—A. I am a Reformer. 

Q. What was the attitude of the Conservatives as to the calling of the constitu¬ 
tional convention?—A. I think they were opposed to it—that is, I think the majority 
were opposed to it. 

Q. Did not they contend, for some time alter the election calling the convention, 
that the question of the calling of the convention was carried by fraud? 

(Counsel for contestee objects to the question as too indefinite, and because it does, 
not refer to any person, any time, or any place such charges were made.) 

A. To my personal knowledge I do not know anything about it. 

Q. Did you not see charges of fraud published in several Conservative papers', 
principallv the Charleston News and Courier?—A. I do not remember seeing any 
such charges. 

Q. Do you remember whether after the constitution was adopted in 1895 it was 
ever submitted to the people of the State for ratification ? 

(Counsel for contestee objects to the question on the ground that it is not in 
response to any allegation in the notice of contest, or any question raised by the 
pleadings.) 

A. I don’t think it was. 

Chas. L. Paul. 

Sworn to and subscribed to before me this 17th day of March, 1897. 

S. W. Sanders, Notary Public, South Carolina . 

Adjourned at 6 p. m. until 10 o'clock Tuesday, the 18th. 

Met pursuant to adjournment. 

H. C. POLLITZER, being sworn, testifies as follows: 

Q. What is your name, age, residence, and occupation?—A. H. C. Pollitzer; age, 
42; residence, Beaufort, S. C., and auditor of Beaufort County. 

Q. As auditor, have you the custody of the records of the treasurer’s office for th® 
payment of taxes for the year 1894, Which records were completed on January 15, 
1896?—A. I have. 

Q. Are those records in your custody in your official capacity?—A. Yes, sir. 

Q. Are they the original records which show the payment of taxes for that 
year?— a. Yes; these are the only records that show the payment of taxes. 

Q. Please produce those records [witness produces records] and state whether or 
not Moses J. Floyd had paid his taxes for that year; he resides at Port Royal, Beau¬ 
fort Township.—A. There is no such name as Moses J. Floyd on the books, and ho 
did not pay any taxes for that year. 

Q. Are these the taxes which were collected immediately preceding the general 
election of November 3, 1896, and for which a voter was required to produce a 
receipt to enable him to vote?—A. Yes, sir; they are. 

Q. Is Scipio Green on your book as having paid his taxes for that year? He 
resides in Port Royal, Beaufort Township.—A. No sir; he is not on the books. 

Q. Could a man have paid his taxes without his name appearing upon these 
books?—A. No, sir. 

Q. I will call the names of those I wish you to testily to, and you will please 
state whether or not they have paid their taxes. Elliott Moye, Port Royal. A. Did 
not pay taxes. 

Q. Brooks Baker, Port Royal.—A. Not on the books. 

Q. Anthony Hamilton, Saltwater Bridge.—A. Not on the books; not paid. 

Q. Samuel H. Hill, Perryclear Place.—A. No Samuel II. Hill on the books. I 
find a Sam Hill on the books, but he has not paid. 

17745 - 27 



418 


MURRAY VS. ELLIOTT. 


Q. London Binyard, Chisolm Landing.—A. No London Binyard on the books. 

Q. Boston Washington, Kam Neck.—A. Boston Washington on the books. 

Q. Peter Maxwell, Sheldon.—A. He is on the books; that is, there is a Peter 
Maxwell on the books, marked taxes paid. 

Q. The Peter Maxwell 1 refer to testified that he was born in 1875. Could he be on 
those books for a poll tax?—A. No; he would not be on these books for that fiscal 
year. 

Q. Anthony M. Barnwell, Cotton Hope Plantation.—A. His name appears on the 
book, but he lias not paid his taxes. 

Q. H. S. Scott, Parris Island, Eddings.—A. Not on the books. 

Q. Alexander Heyward, Hobbersham Plantation, Parris Island.—A. Not on the 
books. 

Q. W. P. Mattis, Means Plantation, Parris Island.—A. Not on the books. 

Q. B. B. Bryan, Parris Island.—A. Not on the books. 

Q. Toby Hamilton, Toney-John Plantation.—A. Toby Hamilton is not on books. 

Q. I). S Brown, Sheldon.—A. There is a Daniel S. Brown on here, paid. 

'Q. Abraham Johnson, Deveaux Hill.—A. No, sir; not on books. 

Q. I. R. Reed.—A. He is on the books, but has not paid his taxes. 

Q. R. G. Green, Beaufort.—A. Not on the books. 

Q. Eugene Brown, Blufi'ton.—A. Not on the books. 

Q. Please state when the fiscal year for which these taxes were due began, and 
when it ended.—A. The fiscal year commenced November 1, 1894, and ended Octo¬ 
ber 31, 1895. The collection of taxes for each fiscal year commenced on the 15th of 
October following, and up to the loth of January, 1896. 

Q. George S. Green, on Parris Island, on January 30, 1897, testilied as follows: “I 
applied for duplicate receipts to County Treasurer Reed at his office in July. Mr. 
Pollitzer, Charles Heyward, and Reed were present.” Were you present on such an 
occasion?—A. I don’t know George 8. Green. I don’t remember the circumstances. 

Cross-examination: 

Q. Please examine the records and see whether George S. Green, of Paris Island, 
paid his taxes for that year ?—A. George S. Green paid his taxes. 

Q. Please see if F. T. Baker, Hilton Head, paid his taxes.—A. No, he did not pay 
his taxes. 

Q. Please see if Albert Mitchell, Ladies Island, paid his taxes?—A. Yes, he paid 
his taxes. 

Q. Would those records show the names of men over fifty years of age who only 
pay poll tax?—A. Of course not, names wouldn’t be on the books. The age for 
paying poll tax w;is at that time between 21 and 50 years. 

Q. Were young men coming of age during the year 1896, liable to poll tax during 
that year while these books were open?—A. No, they were not. 

Q. Persons living in Beaufort Township and owning property in another township 
when they pay their taxes would their names appear for Beaufort Township or the 
township in which their property was located?—A. Their names might appear in 
both townships, but they are generally put together unless by special request. 

Q. Then you do not swear that these parties referred to on the tax book do not 
appear for some other township in the county as having paid their taxes?—A. No; 
I can’t swear to it unless I look them up. 

Q. Have you looked them up in the other townships than the ones in which they 
live?—A. No; except in the case of I. R. Reed. 

Re-direct: 

Q. Please look in all the townships and see if the following men have paid their 
taxes in different townships from that in which they live: Moses J. Floyd?—A. 
Moses J. Floyd is not on the books in any township. 

Q. Scipio Green?—A. Scipio Green is not on the books in any township. 

Q. Anthony Hamilton?—A. Anthony Hamilton is not on the books in any town¬ 
ship. 

Q. Anthony M. Barnswell?—A. He is on books but not paid for the township in 
which he lives. 

Q. Alexander Heyward?—A. Alexander Heyward is not on the books in any 
township. 

Q. B. B. Bryan?—A. B. B. Bryan is not on the books in any township. 

Q. If a man's name does not appear upon the books to whose neglect is it due if 
he is a man liable for taxes?—A. It will be due to his own neglect, as the law 
requires him to make a return. 

Q. Who was the treasurer at the time these taxes were collected, and is he alive 
or dead?—A. Joseph S. Reed, and he is now dead. 

Q. Of what place was he a native?—A. Massachusetts; I think from Boston. 


MURRAY VS. ELLIOTT. 


419 


% ' Recross-examination: 

Q. Wliat was Mr. Reed’s politics at the time of his death and prior to that time?— 

A. At the time of his death and immediately preceding he was a Democrat, so 
far as I know. 

Q. Has he not been chairman of the Democratic party of this county for several 
years ?—A. He was county chairman for one faction of the Democratic party for one 
term, at the end of which term he was appointed county treasurer; I should have 
said, during part of that term. 

Q. AN as not the faction with which he was identiiied the dominant faction in the 
State?—A. 1 think so, yes. 

Q. Are you not identified with that same party faction ?—A. I was appointed auditor 
by the same governor who appointed Mr. Reed treasurer. 

H. C. Pollitzer. 

Sworn and subscribed to before me this 18th day of March, 1897. 

L. W. Sanders, Notary Public, South Carolina. 

W. F. SANDERS, being duly sworn, testifies as follows: 

Q. What is your name, residence, age, and occupation?—A. Name, W. F. Sanders; 
age, 36 years; residence, Beaufort, S. C.; occupation, county supervisor. 

Q. In his testimony in this case J. R. Reed testified that after he had been excluded 
from the office of the board of registration for this county he saw white men at 
divers times go iu and out while persons were in there for the purpose of registra¬ 
tion, and mentioned the names of E. T. Lafitte, candidate for coroner; Mr. Sanders, 
candidate for supervisor, and Mr. Prentiss, for sheriff, and Willie Bellows. Please 
state whether or not at divers times you were in the office of the board of registra¬ 
tion while applicants were being examined.—A. No, sir. I was in there three times, 
and Isiah Reed was in there every time I was—that is, while applicants were in 
the office. 

Q. Why was Isiah Reed excluded from the office of the board?—A. I heard Isiah 
one day while passing through the entry instructing some of the applicants on what 
sections the board had been examining the others on and telling them to study those 
sections, as it was most likely they would be examined on them. 1 told all the other 
members of the board what I had heard, and they said that if Isiah was coming in 
there simply to find out what sections the others were being examined on, that they 
would stop him from coming in while there were applicants in the office. Now, there 
were times when I was compelled to go in the office of registration, as my office was 
used by the board of registration during court week. The office which the board 
had been using was used by the grand jury during court week. I had to come occa¬ 
sionally to get stationery, etc., from the office, and when these were gotten I went 
right back up stairs. I never stopped in the office for any length of time. 

Q. Were other colored men besides Isiah R. Reed in the office while you were in 
there?—A. The applicants were in there, and so was Isiah Reed and his brother, the 
sheriff, and also James NViggs; and I have frequently seen the door open and the men 
standing right in the door while the applicants were being examined. 

Cross-examination. 

, Q. What times was this that you refer to when these parties were in there?—A. I 
do not remember the month. 

Q. Was it not a short time after the office was opened in April?—A. I don’t know 
whether it was in April or not; I don’t remember. 

Q. Who else was excluded from the office by the board, except Reed, after you 
reported to the board?—A. I don’t know; I only reported Reed; that is all I know. 

Q. To what term of the court do you refer when they occupied your office?—A. 
That was last September. 

Q. Were there many applicants for registration during that week?—A. I don’t 
know. 

Q. In going in and out of your office, while the board was inside, were there not 
a number of applicants in line waiting to be admitted?—A. I didn’t know whether 
they were waiting for me to sign their jury and witness certificate, or what they 
were waiting for; I didn’t ask them; they (the tickets) were afterwards brought to 
me upstairs to be signed. 

Q. Don’t you know that they were not waiting for you to sign any certificate?— 
A. No; I don’t; I didn’t question them. 

Q. Did they present to you their certificates for signature?—A. They couldn’t get 
in the office on account of the registration, and I simply went in and got what I 
went for and then went right out. 

Q. Your office is opened every day except Sunday, is it not?—A. No, sir 


420 


MURRAY VS. ELLTOTT. 


Q. How often are you up there?—A. Sometimes it is two weeks that I am not 
there at all, as I am off and on the road. 

Q. State, if you know, when last the registration office was open for the purpose 
of issuing registration certificates.—A. The office was open last month. 

Q. What members of the board were present?—A. Mr. Verdier was there; that’s 
all I know of. 

Q. Do you know whether he issued any certificates on that day or not?—A. I 
didn’t hear him say. 

Q. Is it not a fact that there was no board of registration for this county last 
month, two of the members having resigned before the 1st of February?—A. I heard 
that two had resigned and two others appointed in their place, but I do not know to 
my knowledge. I said the office was opened for registration last month; I should 
said this month—the first Monday in March. 

Q. Were the two newly appointed supervisors at the office the first Monday in 
March?—A. I didn’t see them. 

Q. Don’t you know that they were not appointed at that time?—A. I had heard 
three weeks before that they were appointed; I heard it from the delegation. 

Q. How far is the head of Fording Island road from Bluffton village?—A. Between 
7 and 8 miles. 

Q. Do you know ex-Trial Justice Bryan?—A. Yes. 

Q. What are his initials?—A. R. G. W. 

Q. Where does he live?—A. His post-office was Levys Crossroads. I don’t know 
where he lives now. 

Q. How long have you been supervisor of this county?—A. At the end of this 
month it will be two years and three months. 

Q. You were elected at the last general election, were you not?—A. Yes, sir. 

Q. How many votes did you receive?—I don’t remember now what the vote was. 

Q. Were there as many as 425?—A. I couldn’t say positively. 

Q. Who were the candidates for the clerk of court at the Democratic primary last 
year?—A. C. L. Paul, S. H. Rodgers, Captain Peck. 

Q. What connection, if any, did Captain Peck have with the board of registration 
at that time?—A. He was a member of the board. 

Q. Was he not the chairman of the board?—A. Yes; he was the chairman. 

Q. Had he been successful in his candidacy, upon what would he have depended 
for his election? 

(Counsel for contestee objects because it is too indefinite.) 

A. I suppose his votes. 

Q. When did that primary take place?—A. In August. 

Q. Do you remember whether he has acted on the board since his defeat at the 
primary?—A. He accepted a position out of the State in June—it might be July. I 
don’t think he has acted since the primary. 

W. F. Sandon. 

Sworn to and subscribed to before me this 18th day of March, 1897. 

L. W. Sanders, Notary Public, South Carolina. 

W. C. BELLOWS, Jr., being duly sworn, says: 

Q. What is your name, age, residence, and occupation?—A. W. C. Bellows, jr.; 
age, 23; residence, Beaufort, S. C.; occupation, clerk in a store. 

Q. In his testimony in this case, I. R. Reed testified that at “divers times” you 
were present in the office of the board of registration while applicants were being 
examined for registration; please state if such is the fact.—A. I remember being 
there once when a colored man was being examined. 

Q. Is that the only time you were in the office while applicants were being exam¬ 
ined?—A. Yes; the only time I remember of. 

Q. Were there any other colored men besides the applicant present?—A. Yes. 

Q. Please state the circumstance in connection with your going up there that 
day.—A. I went up there, I don’t remember with whom, to register; there were two 
colored men ahead of us, and after they had finished registering we registered. 

Q. Are you familiarly known as Willie Bellows?—A. Yes. 

Cross-examination: 

Q. When were you registered?—A. I don’t remember. 

Q. Don’t remember what month?—A. No. I don’t remember that, either. 

Q. When did you pay your taxes?—A. I don’t know that, either. 

Q. Did you pay any taxes in 1895 or 1896?—A. I don’t think I did. 

Q. Were you not required to present your tax receipt before you registered?—A. 
I don’t remember that, either. 

Q. Were you not required to present your tax receipt when you offered to vote?— 
A. I was not here; didn’t offer to vote. 


MURRAY VS. ELLIOTT. 


421 


Redirect: 

Q. Wliom would you have voted for for Congress, if you had voted that day?—A. 
William Elliott, contestee. 

Recross: 

Q. When did you leave town, the morning of the election?—A. On the train, 
about 8 o’clock. 

Q. The polls were open at 7 o’clock, an hour before you left; why did you not 
vote?—A. I didn’t try. In fact, I knew I couldn’t. 

Q. Then you got your certificate for the purposes of the primary?—A. I voted at 
the primary. 

Q. Mr. .Bellows, is it not a fact that several of you young men got registration 
certificates in order that you might vote at the primary? 

(Counsel for contestee object to the question, as it has no reference to any new 
matter brought out on the redirect.) 

A. I can not answer for anybody else. 1 got mine for that purpose. 

W. C. Bellows, Jr. 

Sworn and subscribed to before me this 18th day of March, 1897. 

L. W. Sanders, Notary Public, South Carolina. 


W. O. PRENTISS, being sworn, says: 

Q. What is your name, residence, age, and occupation?—A. Name, W. O. Prentiss; 
age, 36; residence, Beaufort, S. C.; occupation, sheriff of Beaufort County. 

Q. I. R. Reed in his testimony said that he saw you among others at divers times 
go in and out of the registration office for this county while persons were in there 
for the purpose of registration; please state if that testimony is true.—A. I was in 
there once to register, and I was in there again after the storm, when the board met 
in the large court room, as the other room was damaged, and there were about, I 
suppose, a dozen other people in the room besides myself—Robt. Smalls, Joe Rob¬ 
inson, Bampfield—the names of the others I forget. 

Q. Are they white men or colored?—A. Colored men. 

Q. Are they Democrats or Republicans?—A. Republicans. 

Q. Did you hear the applicant read on that occasion?—A. No. 

Q. Did you hear any of the colored men present make any comment upon those 
who were applying for registration?—A. No, I did not; I was there about fifteen 
minutes, at the request of parties living out of town; I went to find out if the board 
would register anybody that day. 

Q. Was that the only occasion upon which you were present during the meeting 
of the board?—A. Yes; except when I registered. 

Cross-examination: 

Q. When did you register?—A. I can’t say right now what day; it was in April. 

Q. Do you remember what month the board met in the large court room?—A. In 
October. 

Q. Isn’t it a fact that the board at that time met in the large court room for the 
purpose of preparing their books to be turned over to the commissioners of election 
on the 20th of October?—A. Yes; but they also met to register parties Avho had left 
their names with the clerk of the court, Bampfield, Republican, for reasons of their 
own; that they had closed their office four hours before the regular time for closing 
the last day of registration; they had given notice that any parties wishing to be 
registered could leave their names with the clerk. 

Q. Isn’t it a fact that these names were the names only of parties who were pres¬ 
ent on the last day of registration, when the office was closed?—A. Yes. 

Q. Then you had not been in that office from the time you registered until you 
went there in October?—A. Yes. 

Q. Did you meet General Smalls there, or did he meet you there?—A. I don’t 
know. 

Q. Did not General Smalls, when he entered the office, in your presence ask the 
board if they were issuing certificates by the lot to you?—A. I don’t remember. It 
was an accidental meeting between General Smalls and myself or anybody else. 
There might have been several remarks made, but I don’t remember what they were 
now. 

Q. What section of the constitution did they make you read?—A. None at all. 
As I was postmaster, I was supposed to be able to read. 

Q. Did they require the production of your tax receipt?—A. Yes. 

W. O. Prentiss. 


Sworn and subscribed to before me this 18th day of March, 1897. 

L. W. Sanders, Notary Public , South Carolina. 


Adjourned. 


422 


MURRAY VS. ELLIOTT. 


Pursuant to notice, taking of testimony was begun this 22d March, 1897. 

Dr. T. (t. WHITE, being sworn, testifies as follows: 

Q. What is your name, age, residence, and occupation?—A. Name, Thomas G. 
White; age, 62; residence, Beaufort, S. C.; occupation, attorney at law. 

Q. Were you ever a member of the county board of examiners for this county? 
If so, state when and how long,—A. I was one of the board of examiners for six 
years, I think, until about two years ago. 

Q. Please state what the duties of that board are. 

(Counsel for contestant objects to question, on the ground that the law governing 
the board is the best evidence.) 

A. I refer to Revised Statutes of the State of South Carolina which I have before 
me in answer to the question as to what the duties of the county board of examiners 
are, which is to examine all candidates for the profession of teacher, and to give to 
such person qualified a certificate valid for the term of two years to teach in the 
public schools. 

Q. As a member of that board did you examine papers submitted by applicants 
for positions as school-teachers?—A. My colleagues, consisting of the county school 
commissioner and Mr. Charles E. Bell, the other appointee constituting the board of 
county examiners, usually divided the papers of the applicants for schools into three 
parts, I examining one-third, and the other two-thirds divided between the other two. 

Q. What was the grade of these papers examined by you, as a general rule?—A. 
With the exception of the female applicants for positions, the others were of the very 
lowest kind, and I do not think that I ever approved of any of the youths who stood 
examination for a higher grade than a third-class certificate. 

Q. Please state why the applicants were qualified as teachers when their papers 
were of a low order. 

(Counsel for contestant objects to the question, because contestee’s counsel is 
endeavoring to prove by an overanxious witness matters that are irrelevant to this 
case.) 

A. Because, if we had not granted certificates to as low grade as the applicant was 
entitled to, we would have had no teachers, or very few, not sufficient to have sup¬ 
plied half the schools in the county, and we were very loth to injure the school 
system. 

Q. Do you consider that because a man holds a certificate as a school-teacher in 
the public schools of this county that it is evidence of the fact that he is qualified 
under the educational test of our present constitution to register as a voter? 

(Counsel for contestant objects to question, because it is calling for witness’s 
opinion.) 

A. Not necessarily under the system we considered it expedient to pursue in our 
discretion as to the preservation of the free-school system in this locality. 

Q. Had the board passed upon the papers with the strictness usually exercised in 
such examinations and abided by a strict construction of the paper submitted, what 
would have been the result?—A. Had we pursued a critical, much less a crucial, test 
of the papers submitted to us, there would have been very few that would have 
received any certificates at all. 

Q. What, in your opinion, is the cause of the lack of ability of those who apply as 
school-teachers? 

(Counsel for contestant objects on the same ground as above.) 

' A. I accounted for it by the fact that the males had not the time to devote to edu¬ 
cational pursuits and that the salaries were comparatively small and did not tempt 
those who were better qualified to make application. 

Cross-examination: 

Q. You have testified in election cases in behalf of the contestee before, have vou 
not?—A. I have. 

Q. In how many of them?—A. In one. 

Q. What connection have you with the Charleston News and Courier?—A. I am 
the correspondent of the Charleston News and Courier from this place. 

Q. Is it not a fact that your articles to that paper from here whenever references 
are made to the colored people they are of a slanderous kind?—A. I don’t know of 
any such thing, and my articles will substantiate the fact that my sentiments are of 
the kindliest nature, from the fact that I am native-born and have been brought up 
with them all my life and indulge in charity for all their shortcomings. 

Q. In referring to the fact, if it is a fact, that you have never indorsed a first-grade 
certificate for a colored applicant for school-teacher, to what year do you refer?—A. 
Counsel must not garble my statement, for I did not say that I never issued a first- 
grade certificate to any colored person, but I did not remember having issued the first- 
class certificate, which carried with it the general idea that I had, that there were 
so few entitled to anything but a third-class certificate that it was in that connec¬ 
tion that I made the observation. 


MURRAY VS. ELLIOTT. 


423 


Q. I did misquote you somewhat, but did you uot say, 11 1 do uot think I ever 
approved ot any of the youths who stood examination tor a higher grade than a 
third-class certificate.”—A. That was my testimony. 

Q. Do you not know for a fact that at the time, during the six years that you were 
a member of the board and for some years prior, the salary for school teachers was 
higher, the school-teachers we^e better qualified to teach or pass an examination, 
and that the grade of examination was much lower than now?—A. I do know that 
in proportion to the greater rate of salaries allowed for teachers for the several 
grades the greater sacrifices had they to make of their pay certificate and the salaries 
were consequently very small after they had to submit to the discounts, which was 
very little temptation to a man of good ability and acquirement. I don’t know what 
the salaries were then, neither do I know what they are now. 

Q- How, then, could you testify, not knowing what the salaries were then, when 
you testified that owing to smallness of salary there was little inducement for men 
better qualified to apply?—A. While not knowing what the particular salaries were 
I knew that the salaries of school-teachers generally were comparatively small. 

Q. Don’t you know for a fact that as a member of the county board of examiners 
you have approved and signed first-grade certificates for Macon B. Allen, M. F. 
Campbell, A. C. Reynolds, of St. Helena, C. J. Garrett, of St. Helena, H. J. Grant* 
Benjamin Simmons, J. I. Washington, and others?—A. I do not know of any such 
names now, but some of those mentioned I would approve now. 

Q. You say upon a strict test of the examination a very few of the applicants 
would have been given a certificate. Upon a very strict test of the law in granting 
registration certificates would such men as B. Levin. Charly Chin Sang, and Antone 
Santos have been able to get a registration certificate?—A. Now, that would be 
trenching upon the duties of another board as to the qualifications of the parties named 
to be school-teachers who have never stood an examination before me as to their 
capabilities. 

Q. What has been your occupation for the last twenty years?—A. I have been 
practicing law and I have been a magistrate. 

Q. As such magistrate have you had any business of any nature with Levin and 
Charles Chin Sang?—A. Yes; I have. 

Q. Has uot your business with them been of such a nature as to give you infor¬ 
mation as to tbeir educational qualifications so far as the English language is con¬ 
cerned?—A. I have occasionally had both of them as witnesses or plaintiffs and 
defendants in cases in my court. 

Q. From your knowledge of their ability do you believe that either of them could 
read or explain any section of the constitution of South Carolina?—A. They are 
both very fluent speakers, and it would be very difficult for me to say whether 
they could explain anything to the satisfaction of other people as they might be to 
me, who is brought frequently into contact with all sorts of languages and idioms 
and expressions. 

Q. You wrote several articles to the News and Courier prior to the August primary, 
in which you foretold the result of the county election. Was not those conclusions 
based upon a conspiracy, known to you, to register every white man in the county 
regardless of his qualifications, and that only a certain number of colored men were 
to be registered?—A. I never heard of any such conspiracy, and would have been 
the last one in the county or State to have aided, abetted, or countenanced any such, 
and the fact is that I am no beneficiary of any such conspiracy, if any such con¬ 
spiracy existed, as is well known by the counsel himself. 

Q. You have been a magistrate for twenty or twenty-five years. Are you a magis¬ 
trate now? If not, when were you removed?—A. I am not a magistrate now; but 
I have not been removed. The law requiring two magistrates for the town of Beau¬ 
fort having been changed, and necessitating the retention of but one, it tell to my 
lot not to be reappointed. 

Q. Is it not a fact that the failure to reappoint you was largely caused by your 
indifference—your seeming indifference—to the carrying out of the conspiracy referred 
to above?—A. I do not know that it was caused by any such thing; but if it was, I 
feel proud having been left off on that account. 

Redirect: 

Q. What business is Charles Chin Sang in?—A. He is in the general grocery 
business. 

Q. What is he reputed to be worth?—A. I have heard it variously estimated as 
from twenty-five to forty thousand dollars. 

Q. What business is B. Levin in?—A. He is a dry-goods merchant. 

Q. What is he reputed to be worth ?—A. I have heard him estimated from fifteen 
to twenty thousand dollars. 

Q. How long has Antone Santos been a resident of this town?—A. I have known 
him for about fifteen to twenty years. 

Q. What is his occupation?—A. He is one of the leading pilots of this bar. 


424 


MURRAY VS. ELLIOTT. 


Recross: 

Q. Under the Jaw, does the forty or fifty thousand dollars owned by Charles Chin 
Sang, and the fifteen or twenty owned by Levin, and the position of leading pilot on 
the bar held by Mr. Antone, qualify them for registration?—A. No; it does not; 
that alone does not qualify them until the 1st of January next. 

Q. Does property qualification have any bearing whatever on their qualification ?— 
A. It does not. 

Thomas G. White. 

Sworn to and subscribed to before me this 22d day of March, 1897. 

L. W. Sanders, Notary Public, S. C. 

W. H. BURN, being duly sworn, says: 

Q. What is your name, age, residence, and occupation?—A. Name, William H. 
Burn; age, 61 years; residence, Beaufort; occupation, draftsman. 

Q. Have you at any time been connected with the county board of examiners for 
JJeaufort County?—A. 1 have been, as one of the board. 

Q. As a member of that board, were examination papers submitted to you by those 
w r ho desired to be qualified as school-teachers in this county ?—A. The papers of 
applicants were submitted to me by the school commissioner. 

Q. Did you correct the papers that were submitted to you?—A. I did. 

0. Were they of a high or low r grade in intelligence and education?—A. Most of 
them were of a very low grade. 

Q. In your opinion does the fact that a man holds a certificate as a school-teacher 
in the public schools of this county prove that he has intelligence enough to read or 
explain a section of the constitution submitted by a board of registration?—A. In 
several instances which have come under my observation I would answer no. 

Cross-examination: 

Q. How long since those instances have been under your observation ?—A. "While 
Bascomb was school commissioner. 

Q. Do you mean during Bascomb’s six years’ service?—A. During the latter part 
of his service. 

Q. How many years ago is that?—A. About three years ago. 

Q. Name some of those whose papers you say were so low in grade?—A. I do not 
remember now the names of them. 

Q. In speaking of applicants to what sex do you refer?—A. I would say that my 
answers refer altogether to the male sex. 

Q. What were the condition of the papers you corrected belonging to W. J. C. 
Warren?—A. I don’t remember. 

Q. What were the condition of the papers you examined belonging to Moses S. 
Bailey, T. B. Rivers, P. A. Riley, Samuel White?—A. Referring to the condition of 
the papers, do you mean whether or not they were torn or in bad order? 

Q. No. You testified that most of them were of a very low grade. What was the 
grade of these papers of the men just referred to?—A. I don’t know that I ever 
examined the papers of those men. I don't know whether they are school-teachers 
or not. 

Q. Do you know whether they or any other school-teacher, of your own knowledge, 
were unable to read or explain any section of the constitution last year?—A. I had 
no connection with tliem last year. 

Q. That is not an answer to my question.—A. I had no connection with them; 
therefore I am unable to say. 

Wm. H. Burn. 

-Sworn to and subscribed to before me this 22d day of March, 1897. 

S. W. Sanders, 

Notary Public, South Carolina. 

WILLIAM ELLIOTT, Jr., being duly sworn, testifies: 

Q. What is your name, age, residence, and occupation?—A. William Elliott, jr.; 
ge, 24; residence, Beaufort; occupation, attorney at law. 

Q. Are you related to Colonel Elliott, the contestee?—A. Yes; I am his son. 

Q. What office do you hold in the county, if any? —A. I am a member of the 
vounty board of education. 

<Q. Who are the other members of that board ?—A. Dr. T. O. Hutson and the countv 
•superintendent of education, Mr. F. T. Harder, who is ex officio chairman of the board. 

Q. When was the last examination for teachers held in this countv, and who then 
composed the county board of education for Beaufort County?—A. About the middle 
of October; and the board was composed of Mr. Tlios. Tolbird and the then super¬ 
intendent of education, Janies Wigg, and myself. 


MURRAY YS. ELLIOTT. 


425 


Q. During that examination did you hear James Wigg say anything in reference 
to the charges ot fraud he had made against the county board of registration? If so, 
state what he said, and who were present when he made the statement.—A. 
A\ hile the board was in session for the purpose of examining the papers, I spoke of 
an instance that had come under my observation of a man who had formerly held a 
third grade certificate as a teacher, and who was applying for a renewal of his cer¬ 
tificate as a teacher, and was unable to read intelligently when I ret]nested him to 
read an editorial in a newspaper, and the man had stated that he had registered 
under the new constitution. Wigg said that he had been charging the board of 
registration lor this county with fraud, but that he had found out that he had been 
doing the board wrong, and wished to make them a public apology; that he had 
written an editorial for the Republican Advocate—the paper in which he had charged 
the board with fraud—retracting the charges he had made, and apologizing to the 
board, but that J. I. Washington, in his absence, had struck the said editorial out, 
and it had never been published. This is in substance what he said. This was said 
in the presence of Mr. Thomas Tolbird and myself. 

Q. How many applicants were there for teachers’ certificates who stood the exami¬ 
nation, and how many were successful in passing the examination?—A. I think 
there were about seventy applicants, and about under half passed; perhaps only 
about a third passed. 

Q,* What was the general character of the papers submitted by applicants as to 
their fitness for teaching?—A. With the exception of three or four papers, the papers 
showed considerable ignorance and lack of education. In addition, there was con¬ 
siderable cheating, and we rejected about fourteen of the applicants because their 
papers were almost identical. The board first observed this fact when a number of 
papers were found to have the same example of a sentence containing every part of 
speech, which was one of the questions asked. Upon comparing other portions of 
the papers we found that they also were alike, even mistakes being copied in the 
papers. The evidence was so conclusive that we rejected all the applicants that we 
felt assured had copied. There were many w hom we suspected, but passed over, as 
we were not certain that they had cheated. 

Q. Will you please state, if you remember, some of the answers to questions made 
by applicants, which leads you to the conclusions as to the general character of the 
papers submitted by applicants.—A. The question I referred to as being the one 
which called our attention to the fact that the applicants had copied was as follows: 
“ Give a sentence containing all the principal parts of speech.” The answers that 
were alike were as follows: “The big school house at Yemassee w-as blown down in 
the last storm, and oh ! how' it will be missed by the school children !” The locality 
and adjectives were varied to suit the locality of the applicant. In reply to the 
question, “Describe the Rocky Mountains,” one applicant answered, “The Rocky 
Mountains rise in the northwest and Hows southeast.” The question w as asked, 
“Describe President Johnson’s Administration,” and one applicant wrote, “Presi¬ 
dent Johnson’s Administration was crow ned with success only upon the death of his 
wife.” Again, it w as asked, “ Describe the effect of a hot and a cold water bath.” 
One answer was, “ Bathing does much effect some people use to cold water and 
others use to warm water, and if you don’t use to cold water bathing, why, cer¬ 
tainly, if you should used it, it will make you sick.” In the division of physiology 
and hygiene it was asked, “What are the essentials to perfect digestion?” One 
answered, “The essentials to perfect digestion are beef, pork, and bread.” In the 
same division it was asked, “ Why a very young child should not be placed upon the 
floor?” Answer. “If you should set a child to set down it would flatten the back 
and make him walk stuped.” The following are some of the questions and answers: 
Question. “Why should a person make a constant change of diet?”—Answer. “Too 
much hominy make a person bilious ” Question. “ What did Columbus give to 
Spain?”—Answer. “Turkeys, fowls, and nuts of all kinds.” Question. “Why should 
one rub the skin briskly after a cold bath ?”—Answer. “ It cast away heat and does 
many things which I am present too hungry to say; sometimes there is almost 8 
meaning to one question.” 

(Counsel for contestant objects to the entire testimony of the witness on the 
ground that it is irrelevant and foreign to the issue.) 

Q. Were the instances that you have given of answers to questions taken from 
the papers of one applicant or different applicants?—A. All from the papers of 
different applicants, except, I think, two questions, which I think which were from 
the same paper. 

Q. What was the general policy that the board adopted in marking the papers of 
the different applicants?—A. A very liberal policy. 

Q. Were there any applicants rejected who previously held certificates?—A. YTs; 
a number of them. 

Q. Do you know of any instance where such au applicant was rejected and ob¬ 
tained a certificate of registration?—A. The man I referred to in my testimony as 


426 


MURRAY VS. ELLIOTT. 


having been unable to read when I requested him to do so. I can not now mention 
his name; he was from St. Helena Island, and was rejected at the last examination 
held in October. . . 

Q. Where were the examinations held, and state if there were opportunities for 
applicants to cheat during examination?—A. At the county court-house: and there 
were great opportunities for cheating, as the applicants were in three or four difter- 
enl rooms, and there were three or four at every table. 

Q. Does the fact that a person holds a certificate qualify him to be successful in reg¬ 
istering under the new constitution?—A. I do not consider that it is any evidence of 
a man’s qualification to read or explain a section of the State constitution because 
he holds a certificate as a county school teacher, and I have my opinion upon the 
following facts: First, because I have known men who had held certificates as school 
teachers who were unable to read intelligently; second, because the examinations 
in the past, from information I have gained, were carelessly conducted and the can¬ 
didates had opportunities to practice fraud. 

(Counsel for contestant objects to that part of answer which refers to information 
received.) 

And, third, because in the last examination the board had satisfactory proof that 
there was considerable cheating and fraud. 

Q. Do you know of any instance in which an applicant submitted papers not in 
his own handwriting? If so, give the name of the applicant and state the circum¬ 
stances, and the rule made by the superintendent of education as to when questions 
sent by him to the county superintendent of education should be opened. 

(Counsel for contestant objects to the question on the ground that it is irrele¬ 
vant.) 

A. I do know of such an instance. Josephus Robinson, an applicant at the exam¬ 
ination held in October, submitted a paper a part of which was not in his own hand¬ 
writing. The paper was given me to correct, the couuty superintendent of education 
making the division of the papers. I observed that the latter part of the paper was 
in an entirely different handwriting from the first. The name signed to the latter 
part of the paper was different, from the handwriting in the answers on the same 
page. I recognized the handwriting as that of Macon B. Allen. Wishing to be 
assured of the fact. I submitted the paper, after having called the attention of the 
board to it, to two persons whom I knew to be well acquainted with Allen’s hand¬ 
writing. Without mentioning his name, I was assured that the handwriting was 
that of Macon B. Allen. On November 5, 1896, Macon B. Allen requested me to sign 
a certificate for him in the place of one he had lost, as he thought he might be able 
to get a position as a school-teacher. I told him that I doubted if I should sign his 
certificate, as it had come to my knowledge that he had assisted applicants in the 
last examination in cheating. He said he didn’t see how I could say that. I told 
him then that I had come across this paper and that my great familiarity with his 
handwriting bad enabled me to recognize it at once. He hesitated a while and then 
said: “There is no use to lie about it, and I will tell you exactly how it happened.’ 7 
He said that on the night preceding the examination at the court-house for school¬ 
teachers he had been awakened about 1 o'clock by Josephus Robinson, who had an 
examination paper in his hand and ottered to give Alien a dollar if he would write 
out the answers to it. Allen said to me, “ You know I am a poor man and a dollar 
is a great deal to me.’ 7 He then stated that he had written out the paper for Josephus 
Robinson. I told him I would consider the matter of his certificate, and he went 
out. Some days later he came in again and began talking over the matter with me. 
He said that he thought that he had misled me somewhat when he had first spoken 
to me about the examination, and that he thought it was 11 o’clock at night and not 
1, and that it was the night preceding the second day of the examination or the 
night of the first day of the examination. He made some slight corrections in some 
other portions of the statement he had made, which I do not now recollect. I asked 
him if he was certain that it was the night of the first day of the examination. He 
said “ No, 77 he was not certain, andsaidthat he thought it was, after he had thought the 
matter over afterwards. And he then went on to state some reasons why he thought 
I ought not to refuse to renew his certificate. When he was going out lie said, refer¬ 
ring to his corrections, u Mr. Wigg told me to come up and tell you this. 77 It is a rule 
made by the State superintendent of education that the examination papers sent by 
him to the various county superintendents of education should not be opened until 
the morning of the examination, and in the presence of the applicants. 

Q. Do you remember the character of the paper on which the examination of 
applicant Robinsou was written?—A. I do. A greater part of it was on pages torn 
from some blank book. That part in the handwriting of Allen was scratch paper of 
a very bluish tinge. 

Q. Do you know whether either Allen and Robinson were then or had been pre¬ 
viously connected with any newspaper? If so, state whatpaper.—A. I do not know, but 
my recollection is that Allen was at one time employed by the Republican-Advocate 
as a printer. I do not recollect the time and am not positive that he was employed. 


MURRAY VS. ELLIOTT. 


427 


Q. M ere you present at any time when Murray, the contestant, made a political 
speech in the town ol Beautor't during the last campaign? If so, state what he said 
in reference to the registering of colored voters. 

(Counsel lor contestant objects to the question on the ground that witness is about 
to read his answer from a paper handed him by counsel for eontestee, which paper 
was evidently prepared for the purpose.) 

A. As I was saying when interrupted by counsel, on the 10th of July, 1896, I heard 
contestant make a speech from the town hall in Beaufort and I stopped for a few 
moments on my way home and listened to his remarks about the registration of voters 
in this county. His remarks surprised me somewhat, and I listened to them carefully, 
and as soon as I reached home I made a memorandum of what I heard him say and 
paid especial attention to the accuracy of the memorandum. Refreshing rny memory 
from that memorandum, the substance of what the contestant said was as follows: In 
speaking of the number of negroes that had applied for registration, he said that out 
of 2,000 or 3,000 negro voters in this county, but 600 had applied for registration, and 
of these 600 but 70 had made an affidavit that they had been unjustly refused registra¬ 
tion, in spite of the fact that he had, at his own expense, placed a man at the reg¬ 
istration office to urge them to make the affidavit, and he then complained of the 
lack of interest the negroes took in the matter of registration. The memorandum 
was made, as I say, as soon as I reached home, and while the facts were still fresh in 
my memory. The memorandum is in my .own handwriting. 

Cross-examination: 

Q. Who heard those remarks you attribute to contestant besides yourself?—A. The 
crowd present, and I remember one individual who told me ho had heard them—E. 
W. Bailey. Several others spoke of the matter, but I have forgotten who they were. 

Q. Please name a few of those who were present in the crowd when the remarks 
were made.—A. I was not in the crowd. I was passing through the public square 
near the council house when the contestant’s remarks attracted my attention. There 
were a number of negroes sitting on the fence outside of the grounds, and I did not 
recognize any of those in the crowd. 

Q. At the last general (‘lection, what was the total number of white men registered 
in this county?—A. I do not know. 

Q. Were there as many as 600?—A. Something over 600, I think. 

Q. How many colored men were there that registered?—A. I do not know, but my 
impression is that there were about 150 or 125 less than the white men. There may 
not have been as many as that. 

Q. Howmany of those registered were Democrats?—A. I have no means of knowing. 

Q. How many votes did the eontestee receive in this county at the last election?— 
A. I don’t remember the figures, but I remember the contestant got a majority of two 
or three in the county. 

Q. Don’t you know that eontestee got 392 votes?—A. I think it was about that. 

Q. How do you account for the very small number of votes got by the eontestee at 
the last election in this county?—A. Except in the town of Beaufort, I have no 
knowledge as to why the eontestee got a small vote. In the town of Beaufort I 
know that he lost a great many votes from the fact that a number of men who would 
have voted for him had not paid their poll tax and I believe that the same reasons 
existed elsewhere; but numerous causes or explanations are possible. I only testify 
as to some instances that came under my observation. 

Q. These men you refer to, who have not paid their poll tax, were they not regis¬ 
tered voters?— A. I believe some were. 

Q. Do you not also believe that those men voted at the State poll?—A. I don’t 
know of any that did. 

Q. What connection have you with this contested election case?—A. I am attor¬ 
ney for eontestee in Beaufort County, and have attended most of the examinations 
as such attorney. 

Q. What connection has Thomas Talbird, esq., with this case?—A. None, except 
that he attended the examination to-day and examined me. 

Q. Do you not know that Josephus Robinson, of whom you testified, is a regis¬ 
tered voter?—A. I don’t recollect; he may be. 

Q. You testified that you are a member of the board of education for this county. 
How long have you been a member of that board?—A. My recollection is, since June 
or July. 

Q. How many of the schools in the county have you visited since you have been 
on the board?—A. It is not one of the duties of the members of the board, except 
the superintendent of education, whose duty it is to visit schools; I have, however, 
visited five or six schools for a very brief time. 

Q. Who taught those schools you visited?—A. Joe Hamilton taught one; one I 
stopped at was between Gardners Corner and Cumbahee Ferry; another was in 
charge of W. B. Rivers, and if I am not mistaken a man named Williams taught the 
other; Joe Hamilton was not present when I visited bis school, but a female teacher 
who was his superior. 


428 


MURRAY VS. ELLIOTT. 


Q. From whom did Joe Hamilton, Ben Rivers, and Williams get their teachers’ 
certificates?—A. Williams got his certificate from the county board of education and 
I signed it. Ben Rivers and Joe Hamilton were rejected at the last examination for 
cheating, and they can not lawfully teach. I do not know by what authority they 
are teaching. 

Q. Do you not know that they are both of them teaching on the certificates issued 
by your predecessors in office?—A. I do not know. Presumably their certificates 
have expired or they would not have applied for a new certificate at the October 
examination. 

Q. About how many other teachers are there employed in the county public schools 
besides those you named?—A. It is impossible for me to say, as such information is 
only to be gotten through the county superintendent’s records. Such matters are not 
within the duties of the board to ascertain. 

Q. Then all the connection you have had with the teachers of the county is the 
examination of the papers submitted by applicants for teachers' certificates in last 
October?—A. Directly, yes. I perform the other duties pertaining to membership 
on the board and the incidental duties that have arisen at various times. 

Q. Theu you testified only as to the papers of the seventy applicants at the last 
examination?—A. No; I do not. 

Q. Of whose papers, then, did you testify?—A. When I received my commission 
as a member of the board there were a number of papers which had been handed in 
at the previous examination held by the board before I was appointed, and which, 
for some reason, had never been acted upon by the board. After I was appointed 
the board passed upon these papers. 

Q. Of the seventy applicants examined in October how many of them were 
females?—A. I do not know; but of those papers that I had about one-half were 
females. 

Q. You testified as to several questions and answers submitted by some of the 
applicants at the last examination. Did you testify from memory or from the papers 
themselves?—A. The papers themselves were turned over to the county superinten¬ 
dent of education. I testified from copies made of the answers while the papers 
were in my possession. 

Q. Who made the copies?—A. I made the copies. 

Q. Please name the applicant from whose examination papers you took the follow¬ 
ing: “The Rocky Mountains raise in the northwest and flows southeast,” and all 
similar questions and answers?—A. I do not know. I made no note of those mat¬ 
ters after calling the attention of the board to them. I only made a memorandum 
for my own amusement, and cited them as illustrations in the point I was testifying 
about. I know, however, that they are verbatim copies. 

Q. Do you know whether they were copied from the papers of male or female 
applicants?—A. I think all from male; I know the greater part were, and I do not 
recollect that any of them were answers of females. 

Q. How is it that you remember so distinctly that they were questions taken from 
the papers of males; that you examined the papers, made copies of portions of them, 
called the attention of the board to their condition, and yet not remember a single 
name?—A. I didn’t say that I remembered distinctly that the answers were all 
written by males; I said that I did not recollect that any of the answers were given 
by females. I remember the board laughing over the answers, but in copying them 
1 did not put down the names of the applicants who had given the seperate answers. 

Q. Do you remember whether any of them formerly taught school?—A. I don’t 
remember. 

Q. Since you have been on the board have you passed upon any examination papers 
of W. J. C. Warren, M. S. Bailey, T. B. Rivers, P. A. Riley and Samuel White?—A. The 
board has passed on all of them except Samuel White. I do not recollect having 
seen his name. 

Q. You do not mean to swear that since you have been on the board the board has 
passed upon examination papers of the men just named, do you?—A. Of the hundred 
odd papers that I have passed upon as a member of the board, it is impossible to 
swear to anything about the applicants unless I knew them personally, and I only 
knew a few. I am quite sure, however, that M. S. Bailey, W. J. C. Warren, and, I 
think, T. B. Rivers, have had their papers corrected and overlooked by myself, and 
my impression is that P. A. Riley had his paper corrected by one of the other mem¬ 
bers of the board; however, all these matters can be clearly settled by an inspec¬ 
tion of the record, which the law requires that the superintendent shall keep. 

Q. What I wanted to know is whether or not you swore that these men did appear 
for examination at any time in 1896?—A. No. 

Q. Did you not say that James Wigg, upon his showing to you a letter from C. B. 
Babian to Wigg, that Babian should have been registered, or words to that effect?— 
A. No; I do not recollect any such statement. 


MURRAY VS. ELLIOTT. 


429 


Q. Do you recollect a statement made by you on election day at the polls to the 
ettect that you could not understand why your father’s supporters were so indiffer¬ 
ent, and so hard to get to the polls?—A. No; I recollect no such statement. It is 
impossible lor me to recollect all that I might have said on that day about trivial 
matters. 

Wm. Elliott, Jr. 

Sworn to before me this 24th day of March, 1897. 

S. W. Sanders, Notary Public. 


G. W. WILKINS, being sworn, says: 

Q. What is your name, age, residence, and occupation?—A. Name, G. W. Wilkins; 
age, 45; residence, St. Helena Island; occupation, merchant. 

Q. Were you at the poll at Brick Church precinct, in this county, on election day 
last?—A. I was. 

Q. In what capacity were you there?—A. As one of the Federal managers. 

Q. Please state who the others were.—A. J. J. Tripp and Albert Brown. 

Q. Is Albert Brown a white man or colored man?—A. Colored. 

Q. Please state how many men were rejected at that poll on that day.—A. I 
should say there were from 30 to 40. 

Q. Did any of those who were rejected state for whom they wished to vote?—A. I 
did not hear them express their opinion. 

Q. Is Brick Church precinct the only voting precinct on St. Helena Island?— 
A. Yes, sir. 

Q. What are your politics, Democrat or Republican?—A. I am a National Repub¬ 
lican. 


Cross-examination: 

Q. For whom did you vote for Congressman at the last election?—A. Colonel 
Elliott. 

Q. What ticket did you vote at the State poll for State and county officers, Demo¬ 
cratic or Republican ticket?—A. Neither. 

y. When have you last voted for a Republican candidate for Congress from this 
or the Seventh district?—A. Never voted. 

Q. Do you know Paul Holmes?—A. I know of him. 

Q. Where does he work, if you know?—A. There are two Paul Holmes whom I 
know of, one a younger one who works at one of my stores, and the older one who 
lives at the other end of the islaud, whom I know nothing of. 

Q. I refer to the one working at your store. What is his occupation?—A. Clerk. 

Q. How long were you at the polls on election day?—A. From 8 o’clock in the 
morning until dark. 

Q. Did you not leave there at any time for your meals during the day?—A. Yes, 
sir. 

Q. How long were you absent on that occasion?—A. Fifteen or twenty minutes. 

Q. What time was the poll opened in the morning?—A. I can’t say, for this rea¬ 
son : I gave the books and papers to Albert Brown at half past 6, and when I got 
down there at 8 o’clock Mr. Tripp and Albert Brown were there. 

Q. Then you do not know how many persons were rejected before you got there 
at 8 o’clock and when you were away for dinner?—A. I swore the first man who 
offered to vote. Six voted while I was out to get a little lunch. 

Q. That is not the answer to my question. I asked, Can you say how many were 
rejected before you got to the polls at 8 o’clock and how many were rejected while 
you were away for lunch?—A. I don’t know. 

Q. Then you do not swear that only from thirty to forty men were rejected at that 
poll on that day?—A. I only state my opinion while I was in the room; I do not 
know what occurred while I was out. 

Q. At what hour did the law require the polls to be opened?—A. To my knowl¬ 
edge, it was 7 o’clock. 

Redirect: 

Q. Where is your native place?—A. The State of Vermont. 


Recross: 

Q. How long have you 
1872. 


been in the State of South Carolina?—A. Since August, 

G. W. Wilkins. 


Sworn to and subscribed to before me this 24th day of March, 1897. 

S. W. Sanders, 
Notary Public, South Carolina . 


430 


MURRAY VS. ELLIOTT. 


J. F. PECK, being duly sworn, testified as follows: 

Q. What is your name, age, residence, and occupation?—A. J. F. Peck; residence, 
Beaufort; age, 52; occupation, steamboat captain. 

Q. Were you at any time connected with the board of registration for this county 
and State?—A. I was appointed one of the board of registration for Beaufort and I 
was elected chairman of the board. 

Q. Please state when you began to act as a member of the board and when you 
ceased to act.—A. I began as soon as the office opened and acted until September. 

Q. Did you require all men who appeared before your board to read or explain a 
section of the constitution?—A. Not those that the board was satisfied could read 
or explain. 

Q. Did you require all colored men to read or explain?—A. I did not. 

Q. Please mention some colored men whom you did not require to read?—A. S. J. 
Bampfield, Geo. A. Reed, W. J. Whipper, Robert Small, .1. I. Washington, Cmsar 
Cousins, Sandy Frazier, Fred Wells, James Wigg, and R. F. Greaves; none of them 
were required to read, and there were a good many others whose names I can’t 
recall who were not required to read or explain. 

Q. Was the office of your board crowded at any time w hile you were acting?— A. 
The places that we visited in the country w r ere crowded, but the office at the county 
seat was not. 

Q. How much w as the Beaufort office usually crowded?—A. It was never crowded, 

' and there were days when there were only tw r o or three who applied for registration. 

Q. The places in the country that you say were sometimes crowded, were they so 
crowded that all of the applicants could not be examined?—A. I don’t know of any 
place where all applicants were not examined; sometimes a great many were pres¬ 
ent, but a few r applied. 

Q. Did the board allow' outsiders to w itness the examination of applicants?—A. 
There w r ere times w hen the examinations were held in public and sometimes in pri¬ 
vate; at first they w^ere done in public. The country places were done in public, as 
we could obtain no place in which they could be held privately. At the county 
seat it was both public and private. 

Q. Why was Isaiah Reed excluded from the examination?—A. For some time we 
gave Isaiah Reed the privilege of remaining in the office while the examination was 
being conducted, and the reason he was excluded from the office was that he w T as 
annoying to the board, interrupting the board, asking questions while they w'ere in 
session, and making himself generally officious. 

Q. Did the applicants ever leave their tax receipts in the office?—A. There were 
about a half dozen left in the office, not more than that. 

Q. What did you do w T ith the tax receipts that w'ere left there?—A. All but one or 
two were returned to the parties who bad left them. The one or two were left by 
me in the safe with the books at the time I went aw r ay from Beaufort about first of 
September. 

Q. How many meetings of the board were there after you left?—A. Two. 

Q. Please state why you left, and the circumstances connected with it.—A. I had 
served continuously up to that time, and my business calling me away I left the 
other two members in charge. The reason of my not having returned was that I 
would have had to have resigned my position to do so. 

Q. When did you get this position of which you speak?—A. I was olfered the posi¬ 
tion in July, accepted in July, and commenced work in July. I got a leave of 
absence to come over and attend the August meeting of the board. 

Q. Did you move your family away at that time?—A. I did not move my family 
away at all. 

Q. Did the board require all applicants to show their tax receipts before examin¬ 
ing them?—A. During the first two weeks of the term we didn’t require any tax 
receipts, and then I was instucted by the attorney-general that an act of the legis¬ 
lature required all applicants for registration to produce their tax receipts or proof 
of the payment of it. After receiving those instructions we required it. 

Q. Did the board register any negroes who could not read?—A. It did. 

Q. You say that the crowds in the country were around the office. Was the crowds 
ever disorderly?—A. I can’t say disorderly, exactly, but they were annoying to such 
an extent that we had to threaten several times, particularly at Grahamsville, to 
close the books if they didn’t keep quiet. 

Q. What was the proportion of ignorant men registered in the country, as between 
whites and blacks?—A. There were more ignorant negroes than white men. 

Q. Have you the minutes of the board with you?—A. Yes. 

Q. Please state what day the board was at Port Royal.—A. June 9. 

Q. Was J. C. Martinborough present that day?—A. There was a man present 
named Martinborough. I don’t know what his initials were. 

Q. How did he demean himself?—A. He annoyed the board by his officiousness so 


MURRAY VS. ELLIOTT. 431 

much that the hoard requested him to leave the office, and they afterward con¬ 
ducted their business privately. 

Q. Please examine the minutes of the board for the 9th of June, and state how 
many rejections there were?—A. There were live rejections. 

Q. Examine the stub book and see how many were registered that day?—A. There 
were thirty-one who registered. 

Q. How many of those were colored and how many white?—A. There were thirty 
white and one colored registered. 

Q. How many colored applicants were there that day?—A. There were five colored 
applicants. 

Q. Has that minute book a list of all rejections by the board?—A. I can only swear 
up to August 8, becatise I kept the minutes up to that time; after then they were 
kept by the other two members of the board. 

Q. Please state the days the board met, and the number of rejections on each 
day.—A. April 6, eight rejections; April 7, none; April 8, none; April 9, none; 
April 10, none; April 11, none; April 13, three rejections; April 14, three rejections; 
April 15, three rejections; April 16, two rejections; April 17, none; April 18, none; 
April 20, none; April 21, two rejections; April 22, two rejections; April 24, one 
rejection; April 25, six rejections; April 27, live rejections; April 28, three rejec¬ 
tions; April 29, six rejections; April 30, seven rejections; May 1, four lejections; 
May 2, three rejections; May 4, four rejections; May 5, none; May 6, none; May 7, 
three rejections; May 8, none; May 9, two rejections; May 11, none; May 12, none; 
May 13, two rejections; May 14, one rejection; May 15, two rejections; May 16, live 
rejections; June 1, two rejections; June 2, none; June3, one rejection ; Jnne4, none; 
June 5, none; June 6, one rejection; June 8 (Coosaw), three rejections; June 9 (Port 
Royal), five rejections; June 10 (Masseys Ferry, Ladies Island), there were sixteen 
rejected; June 11 (Tomotley), twenty eight rejected; July 6 (county seat, Beaufort), 
three rejected; July 7, none; July 8, one rejected; July 9, one rejected; July 10, 
none; July 11, none; July 13 (Spanish Wells, Hilton Head), twenty-eight rejections; 
July 14 (Fording Island Road, Bluffton), seven rejections; July 15 (Hardeeville), 
ten rejections; July 16 (Grahamville), sixteen rejections; August 3 (Beaufort), four 
rejections; August 4, eleven rejections; August 5, two rejections; August 6, three 
rejections; August 7, five rejections. That is all I wrote. 

Q. Please state the number of rejections entered in the minutes after that day?— 
A. August 8, four rejections; September 7, twenty-two rejections; September 8, 
twenty-two rejections; September 9, twenty-four rejections; September 10, twenty 
rejections; September 11, nineteen rejections; September 12, twenty-two rejections; 
October 1, none; October 2, four rejected; October 3, seven rejected. That is all 
there were. 

Q. Please state the entry for October 1.—A. There were six names ordered by 
Judge Earle to be registered who were rejected by the board. 

Q. When the board met in Port Royal, were there many colored men at the office ?— 
A. Very few. 

Q. Was the board kept busy while there?—A. No; there was at least an hour 
and a half or longer that day that the board had* no applications lor registrations. 

Q. Was Aaron Middleton registered or rejected?—A. He was not registered during 
my stay on the board. 

Q. Was any inducement ever offered you to register him?—A. Yes; I was approached 
several times about the matter of registering him by different ones; 1 was told by 
some of the party that he was county chairman, and they were very anxious to get 
him registered for that reason, and that they would guarantee that if he registered 
he would not vote, and there was one party who approached me one day—I don’t 
know his name—and offered me $10 if I would register him (Aaron Middleton). 

Q. Were you ever approached by anyone who attempted to bribe you as a regis¬ 
tration officer?—A. Yes. 

Q. Please state who and the circumstances.—A. The man’s name was Carrol; I 
have forgotten his other name; he approached me on one occasion and told me that 
he was representing George W. Murray, Wigg, and others. He stated to me that it I 
would register a sufficient number of the colored people tc overcome the white votes 
and would run as an independent candidate for the clerk of court that they would 
guarantee me the colored vote and $300 in money. 

Q. Where did this conversation take place?—A. I met Carrol at Mr. Walsh’s 
store; he asked me to take a little walk with him; that he had some private matters 
he wished to speak to me about, and we went off Scheper’s wharf, and it was then 
that this conversation took place. 

Q. Did any prominent colored men express themselves as to how the board had 
performed their duties?—A. Well, I heard Bampfield, George Reed, Wigg, and 
others, whom I can’t call to mind now, say that they thought the board was a fair 
oue, and that they had been, if anything, lenient. 


432 


MURRAY VS. ELLIOTT. 


Q. Was there any prominent Republican at Tomotley?—A. S. J. Bampfield was 
the only one I know of. 

Q. Did lie make any expressions to the board as to their conduct in registration ?— 
A. I heard him make the remark that day that he thought the action ot the board 
up there was impartial and fair. 

Q. Did the body of colored men in the county take much interest in registration ?— 
A. No; they didn’t. It was remarked several times by the members of the board 
that the colored men took very little interest in registration. 

Q. Did the board ever give applicants a second chance?—A. Yes. 

Q. Can you give an instance?—A. Yes; I can give one particular instance at Ford¬ 
ing Island Road, Bluffton. The business of the board was conducted in public there 
that day. There was one colored applicant who failed to read the section submitted 
to him, and afterwards, when things had become quiet and almost everyone had 
gone, this man returned and stated to the board that he was very much excited at 
the first trial; that he could read, and asked to be allowed to try it over again. The 
board granted his request. 

Q. Albert Mitchell testified that after being rejected in August or September he 
left his registration certificate on the table in the office of the board, and when he 
went back for it the board said they couldn’t tind it. Please state if such a thing 
ever occurred.—A. Not while I was acting on the board. 

Q. Were certificates often left with the board? If so, please state what was done 
with them.—A. During the time I was acting on the board there were about half- 
dozen tax receipts left in the office and they were all returned, except one or two, 
up to the time I left. I don’t know what was done with the one or two left. They 
were put in the safe with the books. 

Q. Prince Habersham testified that he applied at Tomotley in June before your¬ 
self and Mr. Verdier, and that he was rejected because “My mistake was reading 
too fast.” Is this true?—A. No; I have no recollections of any such occurrence. 

Q. I. R. Reed testified that the board said they were going to St. Helena, but 
they stopped at Massey’s Ferry, Ladies Island. Is this true? 

(Counsel for contestant objects to question, because the advertisement is the best 
evidence.) 

A. No. 

Q. Please state where they advertised for in that part of the country.—A. Adver¬ 
tised for Coosaw Works, Beaufort Township, Port Royal, Masseys Ferry, Ladies 
Island, Spanish Wells, Hilton Head, Head of “Fording Island Road,” Bluffton, 
Hardeeville, Grahamville, Tomotley. 

Q. Why did the board select these places?—A. The places were selected princi¬ 
pally because they were centrally located.* 

Q. In the sections around Tomotley, Coosaw, Port Royal, Grahamville, Hardee¬ 
ville, Spanish Wells, Masseys Ferry, and Beaufort are there more white or colored 
inhabitants?—A. More colored. 

Q. A number of witnesses have testified that they were rejected for missing or 
misjjronouncing one word, and also “Because of the word,” and naming some one 
particular word. Is the testimony of these witnesses true?—A. I can testify that I 
never rejected a man because he mispronounced one word if he understood it. 

Q. What was your practice if a man mispronounced a word?—A. I would pro¬ 
nounce the word for him and ask him if he knew what the word meant. 

Q. If he knew what the word meant, what course would you adopt?—A. He was 
allowed to continue reading the section if it was not the last word; if it was the last, 
he was registered. 

Q. When a man failed to read a section, what course did the board follow?—A. I 
would read the section for him and ask him to explain it, and I know a good many 
who could explain them who could not read. 

Q. Robert J. Robinson says he was required to explain the section after he had 
read it. Is that true? He say he applied to you.—A. That is untrue; there was 
never a man required by me to read and explain the same section. 

Q. P. A. Riley testified that he missed the word “ escheated,” when he applied 
at Fording Island Road, and that he was asked to explain it, and he answered it meant 
“land taken away from someone,” and that the board rejected him because he did 
not explain that word? Is that testimony true?—A. No; I remember that instance 
perfectly well. He could give no explanation of the part that he could not read. 

Q. J. P. Polite testified that at Tomotley, when he applied, he pronounced corps 
corpse, and he was rejected. Please state the circumstances connected with that 
case.—A. He managed to read the section of the constitution until he got to a pass¬ 
age that said, “ that there shall be appointed a corps of professors.” He pronounced 
the word corps corpse. I asked him to explain what he meant by a corpse of pro¬ 
fessors; he answered, “ Dead professors.” About fifty men heard that, among whom 
was S. J. Bampfield. 


MURRAY YS. ELLIOTT. 433 

Q. In the minute book from which you testified are the names of the persons rejected 
set out therein?—A. Yes. 

Q. Please examine your stub book for July 11, and state how many colored men 
were registered on that day.— A. Two colored men registered on that day. 

Q. Elliott Moye testified at Port Royal that he carried his father to prove his age 
to the board, and that his father testified that he was over 21 years of age, but that 
he was rejected because that he was not old enough. Is that testimony true?—A. No, 
emphatically no; numbers of instances occurred when young colored men brought 
their fathers to testify that they were of age, and every instance when they could 
qualify they were registered. 

Q. Middleton Wallace testified to the same effect, but stated that his father and 
mother both appeared to prove his age; that he applied and the board required 
proof that he was of age; that he brought his father and mother before the board, 
and that the board rejected him as not being of age. Is this testimony true?—A. No; 
there was not a single instance where any young man brought his father and mother 
before the board to testify as to age. 

Cross-examination: 

Q. You say the board required, under the instructions from the attorney-general, 
the production of tax receipts by applicants for registration. Was that instruction 
carried out?—A. I didn’t make that statement. My statement was that the instruc¬ 
tion of the attorney-general was to require proof of the payment of the poll tax. 

Q. Did you not testify that you were instructed by the attorney-general that an 
act of the legislature required all applicants for registration to produce their tax 
receipts or proof of the payment of it?—A. For poll tax only. 

Q. Did you carry out that instruction to all applicants?—A. I did. 

Q. Did William C. Bellows, jr., produce his tax receipt?—A. I can’t call to mind 
individuals; there were some young men who applied ;ind were registered who had 
not yet become twenty one, but would arrive at that age previous to the election; 
then, again, for some time after the board opened its office there was no proof of the 
payment of poll tax required of anybody. 

Q. Don’t you know it is a fact that the board began requiring tax receipts the 
latter part of the first week after it (the office) opened in April?—A. I can’t remem¬ 
ber what date it was it began requiring proofs of the payment of poll tax, but there 
were a great many avIio registered previous to this time; it was not until after I 
received the letter from the attorney-general that we began to require the proofs of 
payment of poll taxes: and then again there were a number of both blacks and 
whites who registered without tax receipts that the county treasurer testified to the 
board that these applicants had paid their poll tax. 

Q. What has become of that treasurer; is he dead or alive?—A. He is dead. 

Q. Please name some of those who are registered upon the testimony of the treas¬ 
urer; black men, I mean.—A. I can’t recall the names of any. It was customary 
with the board that when a man applied who did not have any tax receipt to 
require him to get from the county treasurer or auditor a statement that he had 
paid his poll tax. 

Q. When the board went away from town, who testified for men who did not 
have their receipts?—A. I don’t know of any who were registered without their 
tax receipts. 

Q. Did H. B. Cabaniss, of Port Royal, present a tax receipt when he was regis¬ 
tered?—A. I can’t answer that question; he may have been testified to by the 
treasurer or auditor. 

Q. Do you know .J. J. Jernigan, of Port Royal?—A. By reputation only. 

Q. His name appears on the registration books as having registered; did he pre¬ 
sent his receipt?—A. Jernigan’s name is not down on the books the day we met at 
Port Royal. He must have registered in Beaufort; so I’ll have to answer that ques¬ 
tion the same as I did the foregoing one. 

Q. I find on the registration books the names of A. B. Boney, J. J. Green, O. M. 
Wallace, D. R. Weever, W. A. Livingstone, W. J Wallace, C. C. Boone, E. C. Sear- 
cey, Iveilah Hall, P. B. Bibb, L. H. Risher, H. P. Schwartz, all of Port Royal. Did 
they present their tax receipts?—A. I don’t know whether they presented their tax 
receipts or not. There were some men exempt from poll tax on account of age, 
others were exempt as they were Confederate veterans; all those who were not 
exempt were required to produce proof ot the payment of poll taxes. 

Q. You say that some were exempt from paying poll tax because they are Confed¬ 
erate veterans. At what age are they exempt ?—A. I don t know that a man has to 
be a specific age to be exempt. I am mistaken about that. A Confederate veteran 
has to be liftv years to be exempt. 

Q. How many years of age must a Union soldier and other citizens be before they 
are exempted from poll tax under the new constitution?—A. I think the new consti¬ 
tution requires sixty years. 

17745-28 



434 


MURRAY VS. ELLIOTT. 


Q. You testified tliat the reason Isaiah Reed was excluded from the office was 
because he was annoying to the hoard. Whas that the only reason?—A. \es; I 
don't know of any other particular reason. 

Q. Was not he excluded because of complaint made to the board that he was tell¬ 
ing applicants outside the sections upon which the board was examining appli¬ 
cants?—A. No; he wasn’t excluded for that reason. The board was told that he was 
doing that, but I didn’t care anything about that. 

Q. Are you positively sure that Alfred Mitchell did not leave liis tax receipt in the 
office after he was registered?—A. I can’t say positively that he did not. 

Q. While you were a member of the board, and during office hours, did you on 
any occasion leave the office?—A. Yes; a few minutes at a time; more than one 
occasion. 

Q. You testified that there were more ignorant negroes than white men registered 
in the county. Please state about how many white men registered in the county.— 
A. I meant that there were more ignorant negroes than whites in the county. 

Q. I repeat the question asked by contestee’s counsel. What was the proportion of 
ignorant men registered in the county, as to whites and blacks?—A. There were 
more ignorant blacks registered than whites. 

Q. How many white men and how many black men were registered at Masseys 
Ferry?—A. I don’t remember how many [referring to record]. There were five reg¬ 
istered at Massey’s Ferry on the 10th of June, all colored. 

Q. How many were registered at Coosaw works?—A. June 8 there were 2 regis¬ 
tered at Coosaw works, both white. 

Q. How many registered at Port Royal?—A. Thirty whites and 1 colored June 9. 

Q. How many whites and how many colored registered at Hilton Head?— A. 
There were 21—20 colored and 1 white at Hilton. 

Q. How many at Bluffton Head, of “ Fording Island Road?”—A. There were reg¬ 
istered on the 13th of July at head of “ Fording Island Road,” Bluffton, 131—127 
whites and 4 colored. 

Q. How many whites and how many colored were registered at Hardeeville?— 
A. There were 54 in all—43 whites and 11 colored. 

Q. How many whites and how many colored at Grahamville?—A. There were 
72 all told—53 whites and 19 colored. 

Q. How many were registered at Tomotley?—A. June lltli there were registered 
19—1 white and 18 colored. 

Q. About how long does it take the board to register an applicant who is an ordi¬ 
nary reader?—A. I suppose one could be examined in a couple of minutes. I never 
timed it. 

Q. Were all these applicants required to read or explain a section of the constitu¬ 
tion?—A. No; only those that the board was not satisfied could read. I never 
required of an applicant to read that I knew could read. It was only those that I 
did not feel sure could read. 

Q. There were 335 registered on the tour of the board. How many of that num¬ 
ber did the board feel satisfied could read?—A. I could not state the exact number, 
but there were a good many. When one member of the board testified that a man 
could read we didn’t require him to read. 

Q. Do you know of any of these colored men who were registered who were not 
required to read or explain?—A. I can’t call their names, but there are a good many 
of them who were well known to Mr. Verdier and Mr. Burg, the other two members 
of the board. I knew but very few colored men in the county. 

Q. Please state at what points were most of the colored applicants who were so 
well known by Mr. Burg and Mr. Verdier registered upon their testimony?—A. All 
those registered on their testimony were at Bluffton, Grahamville, and Hardeeville. 

Q. Is it not a fact that of the 127 white men registered at “Fording Island” road 
a very large number of them were men who could not read or explain any section in 
the constitution?—A. I don’t know of but five or six who couldn’t read, and they 
did explain the section of constitution submitted to them, to the satisfaction of the 
board. 

Q. Did not your board issue to F. T. Baker from Hilton Head a registration certifi¬ 
cate subsequent to the time you were on the island?—A. I can’t answer that ques¬ 
tion unless I commence at the beginning and go through all the books. 

Q. Please examine the stub book and give the number of the last certificate issued 
prior to the election.—A. The last number that appears on the stub book is No. 1174, 
the 2d of October. 

Q. I notice that in some of these stub books the certificates are iletatched from 
the stub and the stubs remain blank in the back of the book, how do you explain 
it?—A. A good many times a mistake was made in filling out the blanks, then we 
turned over to the back of the book and filled it out from one of them. 

Q. Do you remember when Mr. B. Jacobs applied to be registered?—A. I don’t 
remember that name at all. 


MURRAY VS. ELLIOTT. 


435 


Q. Do you remember whether you or any member of the board requested Mr. B. 
Jacobs to take Lau’s certificate with him?—A. I don’t remember so; don’t remem¬ 
ber any such name. 

Q. Do you know Chas. Chin Sang? —A. Yes. 

Q. Did he read or explain any section of the constitution when he applied?—A. 
lie explained a section when it was read. He made the statement that he couldn’t 
read in English, but that he could explain if the board would read to him, and he 
did so. 

Q. Did Charley Chin Sang at any time last year appear before the board of regis¬ 
tration in person, explained a portion of the constitution, took the oath, and was 
registered?—A. Yes. 

Q. Did not some one speak to the board in his behalf before his certificate was 
issued?—A. I was spoken to by one or two in reference to him, but I don’t know 
whether any of the other members of the board was spoken to about him or not. 
My reply to the parties who spoke to me about registering him was, that if he could 
qualify he could register. 

Q. Who was it that spoke to you about him?—A. I don’t know that I can answer 
that question. 

Q. Was it not W. O. Prentiss?—A. No. 

Q. Was it not Thomas Talbird, esq.?—A. I won’t answer that question. 

Q. You will not swear that he was not the man, will you?—A. I will not answer 
that question. 

Q. Who were the men who spoke to you concerning the registration of Aaron Mid¬ 
dleton?—A. I don’t know the names of a great many of the colored men, while I 
know their faces. I only know the name of one man who spoke to me about Aaron 
Middleton. I don’t care to give his name. 

Q. Was he a white man or colored?—A. Colored man. 

Q. Did Middleton ever approach you himself?—A. No; I don’t remember of his- 
doing so. 

Q. Did not the registration board, in the discharge of its duties, seek to carry out 
the ideas expressed in the constitutional convention to disfranchise every negro pos¬ 
sible and to register every white man except for crime?—A. I never discriminated 
between whites and blacks. If one could qualify I registered him regardless of his 
color. 

Q. About how many white men Avere denied registration while you were in office?— 
A. There were a good many who told me that they didn’t have any poll-tax receipts, 
and some had never paid poll tax at all, who asked if they could be registered. My 
invariable answer to these men was that the board would require the proof of the 
payment of poll tax. I never entered them as having been rejected, as they didn’t 
make official application for registration. 

Q. My question referred to those who made official application.—A. I can’t call to 
mind more than four. I don’t remember their names. 

Q. Upon what grounds were they rejected?—A. Some of them hadn’t paid any 
poll tax and some of them hadn’t been in the county and State long enough to take 
the oath. 

Q. None of them then were rejected because of their failure to read or explain a 
section of the constitution?—A. I can’t remember but one who couldn’t read or 
explain the section. 

Q. Please give his name.—A. I don’t know his name. 

Q. Where did he live?—A. It was at Hardeeville that he made the application; I 
don’t know where he lives. 

Q. You have been acquainted with Carroll, about whom you testified, for some 
years, have you not?—A. I knew Carroll when he was a boy—that was during the 
Avar. I never saw him for a number of years until I met him here in Beaufort. 

Q. Did you believe what he said about representing George W. Murray, or any. 
body else?—A. Yes; I didn’t have any reason to doubt him. 

Q. What was his condition at the time?—A. He was sober at that time. 

Q. Was he not dirty or partly in rags?—A. No; I thought he was in very good 
condition; he presented a clerical appearance; had on a standing collar and long- 
tail coat. 

Q. Was it in the daytime or at night?—A. At night. 

Q. Please state the names of some of the other parties who approached you.—A. 
On what subject? 

Q. On the subject of registration of voters?—A. Carroll was the only one who 
approached me on that subject. 

Q. Who did he say would guarantee you the $300 in money and the colored A r ote?— 
A. He said that he was speaking for Geo. W. Murray, Wigg, and others. 

Q. Please gh r e me the name of that party who offered you ten dollars to register 
Aaron Middleton.—A. I don’t know the name of the man. 

O. How long haA r e you lived in Beaufort?—A. Have been living here continuously 
since 1882. 


MURRAY YS. ELLIOTT. 


436 


Q. How is it that you allowed colored men, whose names you do not know, and 
with whom you are not acquainted, to offer you a bribe in your official capacity, and 
you took no step to punish him in any way?—A. I endeavored to ascertain what his 
name was, but could not get anyone to tell me. 

Q. From whom did you endeavor to ascertain his name?—A. This occurrence hap¬ 
pened near the post office; I asked several of those standing around; I remember 
one man whom I asked, W. 0. Prentiss. 

Q. You were a candidate for clerk of court while you were on the board, were you 
not?—A. Yes. 

Q. Did not your candidacy influence you in rejecting many colored men who 
applied to you for registration?—A. No; I can conscientiously swear it didn’t. 

Q. If you had received the nomination at the hands of the Democratic party did you 
not know that your election to the office would depend entirely, or largely, upon 
the white votes in the county, and that the bulk of the colored registered votes 
would be cast against you?—A. 1 had every reason to believe that. 

<Q„ Did you not enter the tight to win?—A. Certainly; I entered to try and win 
the nomination. 

Q. You testified that you never rejected a man when he missed a word if he under¬ 
stood its meaning. In case an applicant read the entire section and failed to pro¬ 
nounce one word correctly, and did not know the meaning of that word, did you not 
reject him?—A. 1 don’t remember of any such case having come before the board. 

Q. In subdivision 5, section 11 of article 17, appears these words in the beginning: 
“All recognizances, obligations, and all other instruments.” If an applicant failed 
to pronounce the second word correctly and to define it, would not your board, under 
its practice at that time, refuse him registration?—A. Yes. 

<Q. You would not then allow him to read any further, would you?—A. Not if he 
Loth failed to pronounce and explain it. 

Q. What would be the proper definition of the word “recognizance?”—A. The 
interpretation of the law by the board was that they were the judges of the expla¬ 
nation given by the applicant. 

Q. Did the board interpret the law to mean that an applicant must be able to read 
any section in the constitution or to understand and explain the section or the word 
mispronounced?—A. My interpretation of the law was that the applicant must 
■either read or explain the section submitted to him when read to him, and when he 
failed to pronounce or explain a word the balance of the section was read to him 
and he was asked to explain it. The board considered that when he mispronounced 
a word and failed to explain it he had failed to read the section submitted to him. 

Q. Who were the other members of the board besides yourself?—A. Mr. J. G. Ver- 
dier and J. S. Berg. 

Q. Is J. S. Berg a member of the board now?—A. I do not know. 

Q. Do you not know that he resigned from the board?—A. Never heard of his 
resignation. 

Q. Do you not know that he is under an arrest, charged with killing a young 
man?—A. I have heard that, but I do not know it. 

Q. Please turn to the stub No. 735 and state to whom that certificate was issued.— 
A. R. G. W. Bryan. 

Q. Where is his voting precinct?—A. Ilardeeville is his voting place. 

Q. Is there anything on that stub to show a transfer?—A. I notice that Bluffton 
is put down and scratched out and changed to Hardeeville; I don’t know how it 
occurred. 

Q. Was not the man you referred to as having been given a second trial at 
“Fording Island” road, Theodore Wilson?—A. I don’t think that was his name; I 
think that applicant was rejected on the second trial. 

Redirect: 

Q. Did S. J. Bampfield and George A. Reed ever speak to you about registering 
colored voters?—A. Well, S. J. Bampfield and Geo. A. Reed, at different times, came 
to the office with applicants and asked the board to be as lenient with them as possi¬ 
ble. Further than that they never approached me. 

Q. What offices did S. J. Bampfield, George A. Reed, and Jas. Wigg hold at the 
last election?—A. S. J. Bampfield was clerk of court for Beaufort County, George 
A. Reed was sheriff, and Wigg’s position at that time was known as school 
commissioner. 

Q. Are they white men or black, Democrats or Republicans? 

(Counsel for contestant objects to all the above questions and answers on the 
ground that they are new matters and not in response to any thing brought out in 
the cross. 

A. Colored men, known as Republicans. 

J. F. Beck. 

Sworn to and subscribed to before me this 29th day of March, 1897. 

fSEAL] S. W. Sanders, Notary Public, South Carolina. 


MURRAY VS. ELLIOTT. 


437 


Beaufort, S. G\, April 3, IS97. 

^ Pursuant to notice an examination of witnesses in the contested-election case of 
George \\ . Murray against William Elliott was held this day at Beaufort. 

Present: W illiam Elliott, contestee; J. I Washington, attorney for contestant. 

HENRY M. FULLER, a witness in behalf of the contestee, being duly sworn, 
says: 

Q. Please state your name, age, residence, and occupation.—A. Name, Henry M. 
Fuller; age, 55 years; residence, Sheldon; occupation, planter. 

Q. What is the area of Sheldon plantation ?—A. About 1,700 acres. 

Q. What class of labor do you employ in planting?—A. Colored altogether. 

Q. About what is the proportion of the white and colored population of Sheldon 
Township?—A. I should say about fifty colored to one white. 

Q. Have you ever occupied the position of school trustee in Sheldon Township; 
and it so, tor how long a time?—A. I have for certainly more thau six years. 

Q. Were the other two members of the board white or colored?—A. Colored. 

Q. Was there any pay attatched to the office?—A. None whatever. 

Q. What was the inducement for you to act as trustee?—A. The desire to see the 
schools conducted in the most efficient way possible. 

Q. In the interest of what class or race?—A. Altogether colored. There isn’t a 
white school child in the township that I know of. 

Q. Please state what are the general qualifications of the school teachers in that 
township as known to you.—A. Perfectly inefficient. 

Q. How proficient were they in the matter of reading?—A. Most of them did not 
go beyond the rudiments. 

Q. In consequence of the deficient education of the school teachers, did your board 
make any regulations as to the method of application to the board as teacher; and 
if so, what ? 

(Counsel for contestant objects to all the questions and answers above, and to this 
line of examination, on the ground that it is irrelevant and foreign to the issue.) 

A. We made it obligatory on applicants to make their application in their own 
writing in order to judge as to their ability to write intelligibly. 

Q. What was the result as to some of the applications—what was the character of 
the writing?—A. What do you mean, handwriting? 

Q. Were these applications intelligible?—A. Many of them were not. 

Q. Were the applicants persons who had certificates to teach?—A. They were. 

Q. Was it possible for your board to employ any la tter teachers than you did ?—• 
A. It was not. We advertised for teachers and made the best selections we could. 

Q. In your judgment, were the teachers in Sheldon Township qualified to read the 
constitution of South Carolina understandingly ?—A. Many were not. 

Q. Did you attend the examination of schools in Sheldon Township, and what 
were their character?—A. I did of many of them. The results were most dis¬ 
couraging. 

Q. To what do you ascribe this?—A. Inefficiency of the teachers. 

Q. Please state whether the teachers, such as they were, wore attentive to their 
duties.—A. They were not. We exhausted every means of enforcing some measure 
of punctuality, but were never satisfied. 

Q. What were the complaints or facts as to the matter of punctuality in hours and 
as to opening the schools on all school days?—A. That the schools were frequently 
not opened within an hour or two of the appointed time, and the teachers would 
keep the schools closed for whole days in order to attend to their private business. 

Q. To what race did these school teachers belong?—A. These were colored people. 

Q. What prospects or possibility was there for children to get good educations 
under these conditions, and what has been the result in that respect?—A. There 
were very little prospects of their getting good educations, and few of them have 
got beyond spelling out their words as they read. • 

Q. What is the condition as to education of the colored people in the part of Beau¬ 
fort County known to you?—A. V ery low. 

Q. On the other hand, do you know any white men in Beaufort County who can 
not read?—A. I don’t know of one—certainly not in my township (Shelton 
Township). 

Q. Can you give a reason for this contrast between the white and colored races 
connected with their former status and conditions?—A. 1 suppose the white people 
have all gone to good schools. 

Q. In their previous condition, both before and since emancipation, have the col¬ 
ored people come much into contact with white people; and if not, for what reason? 

(Counsel for contestant objects to question, on the ground that it is impossible for 
witness to know of his own knowledge to what extent, if any, the white and colored 
people have come together before or since the war throughout this county.) 


438 


MURRAY VS. ELLIOTT. 


A. They have not in Ihe country, because there are very few white people scat¬ 
tered about on large plantations. 

Q. What was the character of the plantations in Beaufort County as to size?—A. 
They range from about 700 acres to 1,500 acres. 

Q. How long have you resided at Sheldon?—A. Continuously since 1867. 

Q. Did your family reside there before that time?—A. Yes. 

Cross-examination: 

Q. To what period of time are you testifying as to tlieso school teachers’ qualifi¬ 
cations?—A. About two years ago, I think. 

Q. Are these teachers of whom you testify residents of Sheldon Township?—A. 
Some are and some are not. 

Q. Are they male or female?—A. Some are male and some are female—mostly 
males. 

Q. Name me some of the male teachers whom you testify to be perfectly deficient 
in reading.—A. What do you mean by perfectly deficient? I have not testified that 
.any of them were perfectly deficient in reading. 

Q. Please give me the names of some of the male teachers known to you as per¬ 
fectly inefficient in their general qualifications?—A. Ben Deveaux, Harry Stuart, 
Eriday Mitchell. 

Q. Do you not know that Ben Deveanx, Harry Stuart, and Friday Mitchell, are 
registered voters under the new constitution?—A. I do not. 

Q. What grade of teachers certificates did these men hold?—A. I think second; I 
am not sure. 

Q. Do you believe from your knowledge of them and of their educational qualifi¬ 
cations, either of them could read the constitution of South Carolina?—A. Not 
understandingly. 

Q. Do you not know that Harry Stuart applied for registration to the board of 
registers, was refused registration, took an appeal to the court, and read the consti¬ 
tution in open court before Judge Earle at the September term, and was given a 
registration certificate?—A. I do not; never heard so. 

Q. For whom does Friday Mitchell work?—A. I think for my next door neighbor, 
G. G. Martin. 

Q. When has he last taught school?—A. Three or four years ago, I think. 

Q. Have W. J. C. Warren, T. B. Rivers, P. A. Riley, Moses S. Bailey, and S. L. 
White ever taught in your district?—A. I don’t remember those names. 

Q. In testifying of the inefficiency of the school teachers, you do not refer to these 
last-named men do you ?—A. Not particularly, as I do not remember their names as 
being employed as school teachers. 

Q. You say, “not particularly;” I want to know whether or not you know any¬ 
thing at all about their qualifications as school-teachers?—A. 1 do not. 

Q. Please give the names of some of your applicants for schools, who held certifi¬ 
cates of qualification, whose writing was not intelligible?—A. I can not; because 
their applications were laid aside and no note taken of them. 

Q. How many of them were from male applicants and how many from female 
applicants?—A. Haven’t an idea. 

Q. How many months were the schools opened in your district and liow many 
months were they closed?—A. Usually they were opened four months and closed the 
balance of the year. 

Q. Do you know anything about the condition of the people in other portions of 
the county?—A. No; not personally. 

Q. You testified that you do not know a white man in the county who can not 
read. Are there not white men in the county who can not read?—A. Not that I 
know. 

Q. You do not mean by that to say there are none?—A. I don’t mean to say that I 
know there are none. 

Q. You testified that all the white people have gone to good schools; you mean all 
the white people in Beaufort County?—A. 1 did not so testify. I accounted for the 
difference between the education of the white and colored people by the fact that 
white people generally had gone to good schools and the colored people generally 
had not. 

Q. Do you include among the white people generally who have gone to good 
schools that class of people known as crackers ?—A. 1 know nothing about them; 
none of them in my neighborhood. 

Q. About how many white people are there in this county?—A. That I don’t 
know. 

Q. Then if you do not know anything about the crackers—do not know the 
number of white persons in the county—how do you testify that the white people 
generally have gone to good schools? Do you not refer to those of whom you know 
personally?—A. I am only testifying as to things I know. 


MURRAY VS. ELLIOTT. 439 

Q. \ou testified in behalf of contestee in other contested election cases, have vou 
not?—A. I did. 

Q. What relation are yon to contestee?—A. Distant cousin. 

Henry M. Fuller. 

Sworn to and subscribed before me this 3d day of April, 1897. 

L. W. Sanders, Notary Public. 

JAMES G. COLE, being duly sworn, testifies as follows: 

Q. What is your name, age, residence, and occupation?—A. James G. Cole; age, 
56 years; residence, Ladies Island, Beaufort County; occupation, farmer. 

Q. Do you hold any office in Beaufort County at"this time?—A. I am a member of 
the board of school trustees for Ladies Island. 

Q- Is this letter one that was received by the board?—A. It is. 

(Counsel for contestee introduces letter and envelope in evidence, marked u Ex¬ 
hibit A.” ’ 

Counsel tor contestant objects to the introduction of the letter and envelope in 
evidence on the ground that it has not been properly proven.) 

Q. Mho constitute the board of trustees of which you are a member?—A. H. D. 
Elliott, Tarquin Small, and myself. 

Q. At the time that letter was received was the board appointing teachers for 
your district?—A. They were. 

Cross-examination: 

Q. Mho wrote this letter?—A. I don’t know who wrote it; it was an application 
that was received. 

Q. M here did you get it from?—A. Mr. Elliott brought it to a meeting of the 
board. 

Q. How long did Mr. Elliott have it before bringing it to a meeting of the 
board?—A. I don’t know. 

Q. Please examine this envelope and tell from the postmark when it was mailed.— 
A. October 30, eighteen something; can’t make out the year; it is blurred. 

(Counsel for contestant objects to the introduction of this letter on the further 
ground that the witness has demonstrated a total ignorance as to the writer and as 
to how Mr. Elliott got in possession of it, and has utterly failed to identify it.) 

Q. When did your board meet for the appointment of teachers last?—A. The last 
week in November, 1896. 

Q. Please examine this envelope and tell, if you can, when it was received at the 
Beaufort post-office?—A. (Witness examines envelope.) I couldn’t tell from this the 
month or the year. 

Q. Do you know J. B. H. Colonel?—A. I do not. 

Q. Do you know Alfred or Albert Mitchell, of Ladies Island?—A. I do know 
Albert Mitchell. 

Q. Did you at any time last year pay his taxes for him?—A. I did. 

Q. Did he not inform you subsequently that he had lost or mislaid his tax receipt ?— 
A. He did not. 

Q. Did he not approach you on the day of the election at the poll and speak to 
you concerning the loss of his tax receipt?—A. He did. 

Q. Where were you on the 3d day of November last (election day) ?—A. On Ladies 
Island. 

Q. M r ere you not a manager of the poll?—A. I was a manager at the State poll. 

Q. Did Albert Mitchell apply or offer to vote that day at that poll?—A. He did. 

Q. Was he allowed to vote?—A. No. 

Q. Why was he not allowed to vote?—A. Because he didn’t have his tax receipt. 

Q. Did you not know of your own knowledge that he had paid his taxes?—A. I 
did. 

Q. Did he not request you to give him a note to the effect that he had paid his taxes 
so that he could vote at the other poll?—A. He did not. 

Q. What did he say to you, then, when he spoke to you concerning his tax 
receipt?—A. I don’t remember. 

Q. M^hat connection, if any, have you with the tax office?—A. I was clerk to the 
treasurer. 

Q. How long have you been such clerk?—A. Two years. 

Q. What are your duties in the office?—A. Chiefly issuing tax receipts. 

Q. Since you have been in the office has anybody else issued tax receipts, and if 
so, who?—A. Yes; Mr. C. S. Johnson and the treasurer. 

Q. Please state, if you can, about how many white men in the county had paid 
their poll taxes that was due just prior to the last election.—A. I don’t know. 

Q. Do you think about 400?—A. I have no means of knowing. 


440 


MURRAY VS. ELLIOTT. 


Q. Has tlie constitution of this State, adopted in 1895, ever been submitted to the 
people of the State for ratification?—A. Not that I know of. 


Redirect: 

Q. Where were you born ?—A. In Woburn, Mass. 

Q. Of what State was Joseph S. Reed a native?—A. Massachusetts. 


Recross-examination: 

Q. For how many years have you resided in South Carolina?—A. Thirty-four. 

Q. For how many has Mr. Joseph S. Reed resided in South Carolina?—A. About 
twentv, I think. 

James G. Cole. 

Sworn to and subscribed before me this 3d day of April, 1897. 

L. W. Sanders, 
Notary Public , South Carolina. 

Exhibit A. 

St Helena Island Oct 28 1896 


To the Honnerable Board of trustee, Mr. H. I). Ellotte: 

I Whreeas on the 16the day of Oct 1969 I have Vissited th Board of examination 
and i have been examined and will atandy my duty to Avord the scolars a faitfullv 
is as i can please to appoint me to one of you school in your Dect No 8 

J. B. H. Colonel. 

Envelope addressed: Mr. H. D. Elotte, Cat Island place. 


C. S. JOHNSON, being duly sworn, says: 

Q. What is your name, age, residence and occupation?—A. Name, C. S. Johnson; 
age, 62; residence, Beaufort; occupation, farmer. 

Q. Were you ever auditor of the county ?—A. Yes. 

Q. What was the annual levy under the old constitution for school purposes ? 

(Counsel for contestant objects to question on the ground that it is irrelevant and 
that the constitution itself is the best evidence.) 

A. Two mills. 

Q. What is the levy under the new constitution of the State for educational 
purposes? 

(Counsel for contestant objects on the same ground as above.) 

A. I do not know. 

Q. Please read from article 11, section 6, of the chapter entitled “Education,” of 
the constitution of this State of 1895?—A. Three mills. 

Q. What disposition is made of poll taxes in apportioning the funds of the 
county?—A. It goes for schools. 

Q. Were you a member of the county board of canvassers for the Federal election 
at the last election?—A. Yes, sir. 

Q. Were you present at the canvassing of the Congressional vote by that board 
for Beaufort County?—A. Yes, sir. 

Q. Who appeared as attorney for George W. Murray?—A. W. J. Whipper. 

Q. Did he present any protest to the board? 

(Counsel for contestant objects to the question on the ground that certified copies 
of the records of the board now on file in the secretary of state’s office is the best 
evidence.) 

A. Yes, sir. 

Q. What was stated by the attorney for George W. Murray in presenting the 
protest to the board?—A. He said that he didn’t wish them to take any action upon 
it, as he was only fixing it for ulterior purposes. 

Q. Did any member of the board call any attention to this fact?—A. Yes, sir. 

Q. Who were the delegates to the constitutional convention of 1895 from this 
county?—A. I do not know. 

Q. Were not James Wigg and W. J. Whipper delegates to that convention ?—A. Yes; 
they were. 

Q. Are they white men or colored men?—A. Colored. 

Cross-examination: 

Q. How long since you came out of the auditor’s office?—A. About two years. 

Q. How many years have you been auditor?—A. Nine years. 

Q. What has been the proportion of poll tax paid between the white and colored 
polls of the county?—A. I couldn't answer it to save my life. 

Q. Have you any idea about how many white men there are in the county?—A. I 
have not. 

C. S. Johnson. 

Sworn to and subscribed to before me this 3d day of April, 1897. 

S. W. Sanders, Notary Public. 


MURRAY VS. ELLIOTT. 


441 


Contestee introduces in evidence an act of the general assembly of the State of 
South Carolina entitled “An act to provide for holding elections in this State,” 
approved the 9th of March, 189(1, to be found in volume 22 of the statutes at large, 
page 29. 

Contestee introduces in evidence the proceedings of the State board of canvassers 
in November, 1896, relating to the First Congressional district of South Carolina, 
marked “Exhibit B.” 

Contestee introduces in evidence a copy of the “New South,” published at Beau¬ 
fort, S ; C., S. J. Bampfield, editor, issued November 26, 1896, for the purpose of 
using in this case an editorial therein entitled “A Series of Farces,” marked 
“Exhibit C.” * 

Contestee introduces in evidence extracts from the Journal of the Constitutional 
Convention of the State of South Carolina, marked “Exhibits D, E, and F.” 

Exhibit B. 

The First district being called, J. B. Edwards appeared and made argument for 
Hon. G. W. Murray, contestant, against Hon. Wm. Elliott, contestee. 

The fourth paragraph of his protest, relating to the unconstitutionality of the 
registration law, was withdrawn. 

Edwards, attorney for Hon. G. W. Murray, stated that Charleston County being 
the only county from which was sent up the proper appeal from the county board of 
canvassers, only the protest from that county would be pressed by the attorney and 
only these were considered by the board. 

Hon. Wm. Elliott, contestee, read and filed the following papers, asking the board 
to disregard technicalities in the consideration of the protests, to wit: 

1. The contestant, Geo. W. Murray, having claimed that he had no opportunity of 
presenting his protest or contest to the board of Federal canvassers of Charleston 
County, I, William Elliott, contestee, do hereby consent that it be considered that 
said contest or protest was heard by said board of county canvassers and was 
decided by them against contestant, and that this board do proceed to hear and 
determine said contest or protest ns being regularly on appeal before this board, and 
that contestant and contestee be allowed to present to this board anj" and all proof 
that could legally have been presented to said board of county canvassers. 

November 23, 1896. 

Wm. Elliott. 

2. George W. Murray, the contestant, having asked the State board of canvassers 
to order that the county board of canvassers for Charleston County do reconvene 
for the purpose of hearing his contest or protest, I do hereby consent that said order 
be made. 

November 23,1896. 

Wm. Elliott. 

The following are the protests by G. W. Murray against Wm. Elliott in the First 
Congressional district, to wit: 

State of South Carolina, Charleston County: 

In the matter of Congressional election from First South Carolina district, held on 

the 3d day of November, 1896. 

To the hoard of county canvassers for the Federal election of Charleston County: 

You will please take notice that the undersigned, a candidate for Representative 
in the Fifty-fifth Congress from the First district of South Carolina, at a general 
election held on the 3d day of November, 1896, protest against the reopening and 
canvassing of the votes cast at said election for Representative in the Fifty-fifth 
Congress from the First South Carolina district, upon the grounds— 

I. That this board having already canvassed and tabulated the returns as sent up 
by the managers, and declared the result and adjourned sine die, they have no juris¬ 
diction to reopen the same. 

Whipper & Washington, 
Edwards & Sasportas, 

Attorneys for Geo. W. Murray. 

Charleston, S. C., November 10, 1896. 

Charleston, S. C., November 10, 1896. 
Hon. D. H. Tompkins, Secretary of State, Columbia, S. C.: 

Hear Sir: This board met this morning and canvassed the returns and tabulated 
the same. After we had adjourned we were notified that Geo. W. Murray desired to 
enter a protest. I thereupon called the board together aga in and offered to open up 

* Omitted in printing. 


4 





442 


MURRAY VS. ELLIOTT. 


all papers they might desire to see. They refused to look at them, and entered the 
within protest, which we beg leave to submit. 

Yours, respectfully, J- H. Thayer, 

Chairman Board Federal Canvassers, Charleston County. 


State of South Carolina, 

County of Georgetown , First, Congressional district of South Carolina : 

Protest. 

Iu re Geo. W. Murray v. William Elliott, for Representative in the Fifty-fifth Con¬ 
gress of the United States from the said district. 

To the Board of county canvassers for Georgetown County: 

You will please take notice that the undersigned protest against the counting of 
the votes cast at the election held within the said county on the 3d day of Novem¬ 
ber, 1896, for Representative in the Fifth-fifth Congress, on the following grounds, to 
wit: 

I. Because the election was so conducted as to deprive many citizens who were 
entitled to vote of that right, who, if they were allowed to vote, would have voted 
for Geo. W. Murray. 

II. Because men whose names were not recorded upon the registration books were 
allowed to vote, while men who held their registration certificate and tax receipt as 
required by la w were denied the right to cast their ballots. 

III. Because Republicans were not allowed representation at the polls, while the 
Democratic party was allowed all the managers and a challenger at each poll. 

IY. Because the registration law is unjust, unconstitutional, and void, and was 
conducted in an illegal, unfair, and fraudulent, manner. 

(Note. —This paragraph (IV) was withdrawn.) 

W. J. Whipper & J. I. Washington, 

Attorneys for G. W. Murray. 

Georgetown, S. C., November 9, 1896. 

State of South Carolina, Charleston County. 

In the matters of Congressional election from First South Carolina district, held on 

the 3d day of November, 1896. 

To the hoard of county canvassers for the Federal election of Charleston County: 

You will please take notice that the undersigned, a candidate for Representative 
in the Fifty-fifth Congress from the First district of South Carolina at general elec¬ 
tion held on the 3d day of November, 1896, protest against the reopening and can¬ 
vassing of the votes cast at said election for Representative in the Fifty-fifth Con¬ 
gress from the First South Carolina district, upon the grounds: 

I. That this board having already canvassed and tabulated the returns as sent up 
by the managers, and declared the result and adjourned sine die, they have no juris¬ 
diction to reopen the same. 

Whipper & Washington, 
Edwards & Sasportas, 

Attorneys for Geo. TV. Murray. 

Charleston, S. C., November 10, 1896. 

State of South Carolina, 

County of Charleston, First Congressional district of South Carolina. 

Protest. 

In re Geo. W. Murray v. William Elliott, for Representative in the Fifty-fifth Con¬ 
gress of the United States from the said district. 

To the board of county canvassers for Charleston County: 

You will please take notice that the undersigned protests against the counting of 
the votes cast at the election held within the said county on the 3d day of Novem¬ 
ber, 1896, for Representative in the Fifty-fifth Congress, on the following grounds, 
to wit: 

I. Because the election was so conducted as to deprive many citizens who are 
entitled to vote of that right, who, if they were allowed to vote, would have voted 
for George W. Murray. 



MURRAY VS. ELLIOTT. 


443 


II. Because men whose names were not recorded upon the registration hooks were 
allowed to vote, while men who held their registration certificates and tax receipts, 
as required by law, were denied the right to cast their ballots. 

III. Because the Republicans were not allowed a representative at the polls, while 
the Democratic party was allowed all the managers and a challenger at each noil in 
the county 

I^ • Because the registration law is unjust, unconstitutional, and void, and was 
conducted in an illegal, unfair, and fraudulent manner. 

A . Because there was no legally appointed or organized board of commissioners 
for Federal election in Charleston County. 

(Paragraph IV was withdrawn.) 

W. J. Whipper & J. I. Washington, 
Edwards & Sasportas, 

Attorneys for George TV. Murray. 

Charleston, S. C., November 9, 1896. 

State of South Carolina, Charleston County: 

In the matters of Congressional election of the First South Carolina district held on 

the 3d day of November, 1896. 

To the county hoard of canvassers for the election of Federal officers of the county aforesaid: 

Please take notice that I appeal to the State board of canvassers for the State of 
South Carolina from the judgment of the county board of canvassers for the Federal 
election, as aforesaid, made on the 10th day of November, 1896. 

I. Because the aforesaid board erred in canvassing the votes before 9 o’clock a. in. 
on the day appointed for the canvassing said votes. 

II. Because there was no legally appointed or organized board of commissioners 
for Federal election in Charleston County. 

III. Because of such actions as are set out iu the grounds of protest which was to 
have been served and would have been served on said board if it had not been for 
the action of said board herein mentioned. 

Geo. W. Murray. 

November 10, 1896. 

State of South Carolina, County of Charleston: 

In the matter of Congressional election of the First South Carolina district held on 

the 3d day of November, 1896. 

lo the county hoard of canvassers for the election of Federal officers of the county aforesaid. 

Gentlemen : Please take notice that the undersigned, a candidate for Representa¬ 
tive in the Fifty-fifth Congress for the First district of South Carolina at the general 
election held on the 3d day of November, 1896, protests against the tabulating of the 
returns as sent up by the managers of election from the several Federal polls in the 
county of Charleston, and announcement of the result of said general election, upon 
the following grounds, to wit: 

I. Because there was no legally appointed or organized board of commissioners for 
Federal election in Charleston County. 

II. Because at the Federal poll on Edisto Island, in the county of Charleston, and 
within the First Congressional district of South Carolina, voters were allowed by 
the managers to repeat or vote twice in the box labeled for Representative in Fifty- 
fifth Congress. 

III. Because there were several names on the poll list kept at said poll in excess 
of ballots in the box showing that the poll list had not been correctly kept as required 
by law. 

IV. Because the said managers as aforesaid at said Edisto Island, destroyed five of 
the ballots of this candidate after the close of the polls when there was no excess of 
ballots in the box, 

V. Because said managers of said Edisto Island rejected the ballots of several 
voters who held registration certificates and were entitled to vote, and erased their 
names from the poll list, and then destroyed ballots which had already been placed 
in the box by duly qualified electors, in order to make the votes in the box and the 
poll list tally. 

VI. Because at the Federal poll on Mount Pleasant in the county of Charleston, 
and within the First Congressional district of South Carolina, none of the friends or 
supporters of this candidate were allowed to witness the count of the ballots, as 
they were entitled to do under the law. 

VII. Because the clerk appointed by the managers of said Federal poll on Mount 
Pleasant was minor, of the age of eighteen years. 

Further protesting, this candidate says that what is above sated with reference to 


444 


MURRAY VS. ELLIOTT. 


Edisto Island and Mount Pleasant is true of the other precincts in this county and 
district. 

Respectfully, Geo. W. Murray, 

Per Edwards & Sasportas, 

November 10, 1896. His attorneys. 

State of South Carolina, Charleston County: 

In the matter of Congressional election of the First South Carolina district held on 

the 3d day of November, 1896. 

To the county board of canvassers for the election of Federal officers of the county aforesaid: 

Please take notice that I appeal to the State board of canvassers for the State of 
South Carolina from the judgment of the county board of canvassers for the Federal 
election as aforesaid, made on the 10th day of November, 1896. 

I. Because the aforesaid board erred in canvassing the votes before 9 o’clock a. m. 
on the day appointed for the canvassing said votes. 

II. Because there was no legally appointed or organized board of commissioners 
for Federal election in Charleston County. 

III. Because of such actions as are set out in the grounds of protest which was to 
have been served and would have been served on said board if it had not been for 
the action of said board herein mentioned. 

Geo. W. Murray. 

November 10, 1896. 

On motion of Hon. W. A. Barber, the papers read by Hon. William Elliott were 
received as information. 

After discussion of the matter of the protest, and on motiou of Hon. W. A. Barber, 
it was resolved that the protests in all the Congresional districts, to wit, First, 
Second, Third, Fourth, Fifth, and Seventh be overruled, and all protests presented be 
filed and spread upon the minutes. 

State of South Carolina, Office of Secretary of State: 

I, D. H. Tompkins, secretary of state, hereby certify that the foregoing is an exact 
copy of an extract from the minute book of the State board of canvassers on file in 
this office. 

Given under my hand and the great seal of the State at Columbia, on this the 30th 
day of March, in the year of our Lord, one thousand eight hundred and ninety- 
seven, and in the one hundred and twenty-first year of the independence of the United 
States of America. 

[seal.] D. H. Tompkins, Secretary of State. 

Exhibit D. 

Extracts from pages 412 and 413 of the journal of the constitutional convention of 

the State of South Carolina, begun to be holden at Columbia, S. C., on Tuesday, 

the 10th day of September, 1895: 

Mr. Whipper offered the following as a substitute for calendar No. 37, report of the 
committee on suffrage: 

*• *###*# 

Sec. 3. Every citizen of the United States of the age of 21 years and upward not 
laboring under the disabilities named in this constitution, and otherwise qualified, 
shall be a legal elector. 

Sec. 4. The qualification for suffrage shall be residence in the State one year, and 
in the county sixty days before any general election. The general assembly shall 
provide for the election or appointment of one registrar for each county, who 
shall register all persons over the age of 21 years not disqualified by this section. 
All registration under this constitution shall commence six weeks before each and 
every general election, and shall continue till within thirty days of the said election. 
They shall keep their office open at the court-house daily (Sunday excepted) from 10 
o’clock a. m. to 4 o’clock p. m. The following persons are disqualified from either 
registering or voting: Those convicted of burglary, larceny, arson, highway robbery, 
bribery, adultery, embezzlement, bigamy, and all crimes against the election laws, 
also idiots and insane persons and persons supported at public expense, and also 
persons confined in any public prison: Provided. That no person shall be entitled to 
register or vote who shall attain the age of 21 years of age after the 1st day of Jan¬ 
uary, 1900, without being able to read and write. The general assembly shall at its 
first session after the adjournment of this convention provide laws for" the punish¬ 
ment of all persons fraudulently obtaining registration certificates, illegally voting, 
or in anywise interfering with or attempting to prevent any person from the" free and 
fair exercise of the elective franchise. 



MURRAY YS. ELLIOTT. 


445 


Sec. 5. Any person denied registration shall have t lie right to appeal to any court 
or judge thereof to determine any question that may arise in consequence of such 
denial. 

Exhibit E. 

Extracts from page 411 of the journal of the Constitutional Convention of the State 

of South Carolina, begun to be holden at Columbia, S. C., on Tuesday, the 10th day 

of September, A. D. 1895. 

Mr. Wigg offered the following as a substitute for Calendar No. 37, report of the 
Committee on Suffrage: 

* ******* 

Sec. 3. Every citizen of the United States, 21 years of age and over, not laboring 
under any disability named in this constitution, who shall have resided two years 
in the State and one year in the county in which he offers to vote, and who can read 
a section in this constitution, or who is a freeholder, or who shall return for taxa¬ 
tion personal property in his own name valued at one hundred dollars or more, and 
shall be registered according to the law, shall be entitled to vote. 

* * * # * * * 

Sec. 5. The right of appeal from the decision of officers of election shall not be 
denied or abridged, and all such appeals shall have precedence over all causes, and 
shall be heard and judgment given within seven days from the time the action is 
begun: Provided, That electors shall vote only at the precinct at which they are 
qualified, and that any elector shall have the right to be transferred from one pre¬ 
cinct to another at any time before the registration is closed. 

Sec. 7. All elections shall be in plain view of the electors, and the right for politi¬ 
cal parties to appoint watches or witnesses at the polls shall not be denied or 
abridged, and the counting of the ballot shall be in public. 

Exhibit F. 

Contestee, for the purpose of showing that section 12, on page GO, of the journal 
of proceedings of the South Carolina Constitutional Convention of 1895, introduced 
in evidence by contestant, was a section of a draft of the constitution submitted by 
Mr. Aldrich, a member of the convention, and that the same was not adopted by the 
convention, introduces in evidence the following extracts from said journal ou page 
59, to wit: 

“Mr. Starnyarne Wilson moved to lay on the table a draft of the constitution sub¬ 
mitted by Mr. Aldrich, which was agreed to. 

“Mr. Stanyarne Wilson moved that the draft of the constitution submitted by 
Mr. Aldrich be printed in the journal, which was agreed to/’ 

State of South Carolina, Beaufort County: 

I, Lawrence W. Sanders, a notary public in and for the said county and State, do 
hereby certify that the witnesses whose depositions are hereto attached were by me 
first duly sworn according to law to testify the truth, the whole truth, and nothing 
but the truth relating to the matters in controversy in the case hereafter mentioned, 
the said witnesses were examined according to law, and the following depositions to 
which this certificate is attached were taken and reduced to writing by me, and 
subscribed to by the said witnesses, as stated, at the times and places set out therein. 

And 1 do further certify that the foregoing depositions were taken in pursuance to 
the notices hereto attached and at the times and places therein specified, to be used 
in behalf of the contestee, William Elliott, as evidence in the matter of contested 
election for a seat in the Fifty-fifth Congress of the United States from the First 
Congressional district of South Carolina, in which George W. Murray is contestant 
and William Elliott contestee. 

In testimony whereof I have hereunto set my hand and official seal this 3d day of 
May, A. D. 1897. 

[seal.] Lawrence W. Sanders, Notary Public , South Carolina. 

Notices to take testimony. 

To Geo. W. Murray, Contestant : 

Please take notice that I will examine the following witnesses, all of whom reside 
in Colleton County, in relation to and touching the issues involved in the contest of 
Geo. W. Murray, contestant, against William Elliott, contestee, for a seat in the 
Fifty-fifth Congress of the United States from the First Congressional district of 
South Carolina at Green Pond, in Colleton County, before John Plack, a notary pub¬ 
lic of South Carolina (or some other officer duly authorized by law to take deposi- 


446 


MURRAY VS. ELLIOTT. 


tions in election cases), on the 29th day of March, A. D. 1897, at 10 o’clock a. in., and 
will continue from day to day until the said examination be completed. The fol¬ 
lowing are the names of the witnesses: C.C. Tracy, esq., T. C. Sanders, 13. Sanders, 
13. C. Carter, and Joel Livesey. 

William Elliott. 

Howell & Cruiier, 
Attorneys for Con tester. 

I accept service of a copy of the within notice this 21th day of March, 1897. 

J. I. Washington, Attorney for Contestant. 

To Geo. W. Murray, Contestant: 

Please take notiee that I will examine the following witnesses, all of whom reside 
in Colleton County, in relation to and touching the issues involved in the contest of 
Geo. W. Murray, contestant, against William Elliott, contestee, for a seat in the 
Fifty-filth Congress of the United States from the First Congressional district of 
South Carolina at Jacksonboro, in Colleton County, before John Black, a notary pub¬ 
lic of South Carolina (or some other officer duly authorized by law to take deposi¬ 
tions in election cases), on the 30tli day of March, A. D. 1897, at 10 o’clock a. in., and 
will continue from day to day until the said examination be completed. The fol¬ 
lowing are the names of the witnesses: C. W. Butler, J. R. Garvin, A. A. Patterson, 
jr., Louis Cunningham, Samuel Johnston, E. C. P. Bellinger, M. W. Simmons, L. Allen 
Millard, James Wood, J. H. Dodd, W. N. Dandridge, B. G. Willis, J. A. Davis, J. D. 
Bivens, Joseph Divens, J. B. Platt. 

William Elliott. 

• Howell & Gruber, 

A ttorneys for Contestee. 

I accept service of a copy of the within notice this 21th day of March, 1897. 

J. I. Washington, Attorney for Contestant. 

Pursuaut to notice, the following witnesses were this day examined in behalf of 
the contestee, Win. Elliott, at Green Pond precinct, in the county of Colleton, S. C.: 

Present: M. P. Howell, representing the contestee, and J. B. Edwards, represent¬ 
ing the contestant. 

C. C. TRACY, sworn, says: 

Q. State your age, occupation, and place of residence.—A. I am 11 years of age; 
lawyer; Walterboro, S. C. 

Q. Do you hold any official position in Colleton County? If so, state what posi¬ 
tion you hold.—A. I am chairman of the board of supervisors of registration. 

Q. Did you hold this position prior to the last election?—A. I have held it since 
April, 1896. 

Q. Have you been holding this position ever since the enactment of the new reg¬ 
istration law under the recent constitution?—A. I have. 

Q. Have you in person, with the other two members of your board, registered the 
voters in this district?—A. I have; all those who are entitled to registration. 

Q. W T hat opportunities were given to voters to register?—A. Every facility allowed 
by law was given to all who applied, irrespective of party. 

Q. Can you remember how long the books were kept open in this county under 
the law?—A. Six weeks, commencing the first Monday in May, at the court-house 
in Walterboro, then the first Monday in each month for one week. Commencing in 
the month of June, the board traveled in each township in the county and held open 
therein one day. The registration books closed on the Wednesday succeeding the 
first Monday in October, that being thirty days before the general election; office 
hours were from 9 o’clock a. m. till 3 o’clock p. m., without intermission. 

Q. Did you register all persons who complied with the law?—A. I did. 

Q. What were the necessary qualifications to entitle a voter to registration?—A. 
Capacity to read a section of the constitution taken haphazard. If the applicant 
failed to do so, then capacity to explain the meaning when the section was read to 
him, and freedom from conviction of certain crimes set out in the constitution. 

Q. Did you require both white and black, Democrat and Republican, to comply 
with these requirements?—A. I made no difference. Whenever I or any member of 
the board knew of our own knowledge that the applicant, white or colored, Demo¬ 
crat or Republican, could read, we did not require them to go through the empty 
form. 

Q. Do you remember any of the colored Republicans in this district who were 
given their registration tickets in the way you indicated?—A. I can recall a good 
many; C. P. Chisolm, Jas. Green, Paul Jenkins, Ferguson, formerly county commis¬ 
sioner, and several men who were known to the other members" of the" board at 
Adams Run and other points in the district; I do not now remember their names. 


MURRAY VS. ELLIOTT. 


447 


Q. In going- around to tbo different precincts did you coniine registration to the 
precinct on those days, or would you permit any person living within the district to 
register?—A. I would permit any person living in the county to register, if qualified. 

Q. Did you require Republicans to read and explain the constitution and not 
make the same requirements of whites except where applicants were well known 
and intelligent?—A. 1 did not; I made no distinction; if they were unknown to me 
or to the other member of the board they were treated alike. In this connection let 
me state that I have been a practicing attorney in Colleton County for more than 
twenty years. My acquaintance among the white people in which my practice gener¬ 
ally lay was exceedingly extensive. I know nearly every one of them personally. 
It was necessarily less extended among the colored people. 

Q. Did you not register a great many colored voters on the understanding clause ?— 
A. I can not say that I did; some did so register. When the understanding clause 
was put to a colored voter who could not read, his almost invariable answer was, I 
don t understand it, or I don’t know. Of course that ended it. The white voter, 
on the contrary, would almost invariably make an attempt at explanation and so 
give us an opportunity to judge his capacity. 

Q. D. E. Gordon testified at Adams Run in this contest that you made the colored 
people read, hut simply swore the whites in a bunch, and gave them their certifi¬ 
cates; that whito men were given their certificates outside the window at Adams 
Run where they could not see the book, and that they were simply sworn on the 
outside without any requirement to read or explain. Is this true?—A. Gordon simply 
lies. I did swear colored men inside the house and white men through the window 
immediately adjoining my seat for the purpose of avoiding collision between the 
races. I swore them in batches of four each—that is, four colored men at a time— 
would dispose of them, and then swear four white men at a time and dispose of 
them. I knew personally, I think, every white man that appeared that day. I 
knew a good many colored men. I registered to my certain knowledge at least ten 
colored men without reading. I remember S. B. Butler and four colored preachers. 
I knew that that community of whites was a remarkably intelligent and well edu¬ 
cated one, and the colored are remarkably ignorant and illiterate. I did require 
some white men of whom I was ignorant to read, handing them the book through 
the window; the window opened on the public street or road in full view of the 
whole crowd of colored men there, owing to the boisterous behavior of the colored 
men, I was several times obliged to suspend work so as to compel enough quiet for 
a proper conduct of my business. 

Q. Can you tell me how many registered voters there are at Adams Run pre¬ 
cinct?—A. I can not, without my books, accurately. My recollection is that there 
are about 150. Of these, I think 30 odd are colored; the others are whites and Dem¬ 
ocrats. 

Q. Do you remember anything about two whites, Miller and Bunch, who, it is 
said, registered at Adams Run on the day that you opened the books at that place?— 
A. I have no special recollection of them. 

Q. If registered, they went in under the understanding clause, or how?—A. 
Either under the understanding clause or being able to read. I have already stated 
that some white men had to read and some to explain. They may have been among 
the number. 

Q. Do you know how many were rejected in the First district? I mean colored 
or Republican voters.—A. I can not give anything except the total number of 
rejections in the First district. The records of my office show that on my rounds 
298 were rejected in the First district. I appoximate, on comparison of the records, 
that about 50 were rejected that came to Walterboro. 

Q. What precincts are within the First district in Colleton County?—A. Green 
Pond, Jacksonboro, Adams Run, Delemars, and Gloverville. 

Cross-examined by Mr. Edwards : 

Q. Colonel Tracy, during your rounds, did you have a greater number of appli¬ 
cants for registration at any one of the precincts than you were able to register in 
one day?—A. Yes. 

Q. How were they provided for?—A. The books had already been open in Walter¬ 
boro for six consecutive weeks, and frequently I would not have more than two 
applicants a day. They were open after the commencement of my rounds for one 
week, commencing on the first Monday in the town ot Walterboro for the months of 
July, August, and September and three days in the month of October; it was impos¬ 
sible to change my dates after once having made them, as the law directed me to 
give thirty days’ notice, and I passed from one township to another day by day. 
Voters at Green Pond or Adams River could have gone to Jacksonboro, a short dis¬ 
tance, easily enough. I registered at Jacksonboro and rejected not more than thirty- 
one or two men the day I was there. 

Q. What is the average distance between the townships in this county and the 
county seat at Walterboro?—A. I can’t answer the question in that form. 


448 


MURRAY VS. ELLIOTT. 


Q. About what is the distance from Walterboro to the nearest voting precinct in 
this county in the First Congressional district?—A. Twelve miles. 

Q. About what is the distance between Walterboro and the fartherest voting pre¬ 
cinct in this county in the First Congressional district?—A. About twenty-four. 

Q. About what is the voting population of Adams Run, I mean actual voting 
population?—A. I don’t know, you will have to go to the United States Census for 
that. 

Q. Were there any voters in any of the precincts in this county in the First Con¬ 
gressional district given certificates of registration avIio did not apply in person for 
same?—A. Not to my knowledge. 

Q. Were there any applicants who were required to both read and explain the 
section of the constitution before the certificates were issued to them?—A. There 
were some who attempted to read and failed; then the understanding clause was 
applied; sometimes they succeeded on that, but they generally failed. 

Q. Was there any special section of the constitution selected for the applicants to 
read, and for those who could not read to explain?—A. There was not; at Green 
Pond here, I think, I took the whole constitution from the first to the last, except 
the very long ones. 

Q. The applicants that were sworn in batches of fours at Adams Run, how were 
they examined?—A. As soon as the oath was administered to the four, they were 
examined one by one when unknown, and as they were rejected or accepted passed 
out, and another man took his place in readiness for the administration of the oath 
for that color; I did this to expedite the work as much as jmssible, seeing a large 
number of both white and colored on the ground—the colored people would struggle 
and fight for place, so that I could not dispose of them all. 

Q. Did you give am applicant more than one opportunity to qualify himself?—A. 
If there was any doubt in my mind I did. 

Q. About what was the average time consumed in registering an individual appli¬ 
cant?—A. A trille over two minutes if everything was perfectly orderly and the 
applicant prompt in his answer. 

Q. About how is the registered vote at Adams Run divided between the colored 
and whites?—A. I stated on the direct that not having my books before me, I can 
not answer that question accurately. Approximately I think the total vote about 
150, of whom the colored voters have from 30 to 35.. 

Q. Colonel, you stated on the direct examination that there were rejected in the 
First district about 298 applicants in going the rounds, and that you approximate 
that there were about 50 rejected at Walterboro. Do these figures include both the 
white and the colored?—A. They do. 

Q. Can you give me an idea of the relative proportion of these figures?—A. I can 
not; if I had the record before me, knowing the names, I might by a careful exami¬ 
nation do so; I know there was a large number of colored, by a great deal the 
majority. 

C. C. Tracy. 

Sworn to before me this 29th March, 1897. 

[L- s.] Jxo. 13 lack, 

Notary Public, South Carolina. 

B. C. CARTER, sworn, says: 

Q. State your age, occupation, and place of residence, and where you were on the 
3d day of November last.—A. I am 45 years of age; farmer; 1 reside in Colleton 
County; and was at Green Pond on the 3d day of November last. 

Q. What were you doing at Green Pond on the day of election?—A. Manager of 
election. 

Q. What poll—Federal or State?—A. Federal. 

Q. Who were the other two managers?—A. T. C. Sanders and Burrel Saunders. 

Q. Who acted as your clerk?—A. Mr. J. B. Larisey. 

Q. Were there any persons who offered to vote without their registration certifi¬ 
cates?—A. Yes, sir. 

Q. Were they permitted to vote?—A. No, sir. 

Q. After they offered to vote and were rejected, what became of them ?—A. Thev 
passed out and others came in. 

Q. AYhat evidence did they offer, if any, as to their right to vote?—A. Some 
offered an old bill of sale and some old mortgages. 

Q. Did you permit each and every voter who held his registration certificate and 
poll-tax receipt to vote?—A. Yes; all of them. 

Q. When those who were rejected presented themselves did they state for whom 
they wished to vote?—A. No; none of them did. 

Q. Do you know whether or not these rejected voters signed affidavits or some 
paper purporting to be an affidavit after they had been rejected?—A. I did not see 
them sign any. 


MURRAY YS. ELLIOTT. 449 

Q. Did you hear any one read to these rejected voters inside of the booth any 
paper or affidavit which they signed?—A. 1 did not. 

Q. Then there was no such papers or affidavits read over in your presence?—A. 
No, sir. 

Q. Were you not in a position during the entire day to have heard the reading of 
such paper had it been done on the inside of the polling place?—A. Yes; and no 
such paper was read. 

Q. Do you know whether or not any one kept a list of the rejected voters or 
claimed to have kept said list?—A. I do not know. 

Q. There was no such person or persons who kept such a list within the polling 
precinct, were they?—A. No one. 

Q. Was there any complaint by the voters, of the conduct of the election held at 
Green Pond ou that day?—A. There was none. 

Q. Did you know for whom those rejected would have voted, had they been per¬ 
mitted to vote?—A. I do not; I did not hear them say. 

Cross-examined by Mr. Edwards: 

Q. Were there many applicants who offered to vote at Greun Pond that day, whose 
votes were rejected?—A. Not a great many. 

Q. Were there any white applicants among the number?—A. Some who did not 
have their registration certificates. 

Q. Did the managers keep a list of the rejected applicants?—A. They did not. 

Q. Did any of the applicants, after they had been rejected, and while still iu the 
polling booth, state to the managers for whom they desired to vote?—A. They did 
not. 

Q. What time did the poll close?—A. Four o’clock, I think. 

Q. Were any of the voters who were recognized as Republicans allowed in the 
poll during the canvass of the votes?—A. No one inside. 

Q. Where were the ballots canvassed?—A. Mr. Jones’s house. 

Q. How near were the bystanders to the boxes during the canvass?—A. About 
3 feet. 

Q. Were the bystanders who were about 3 feet from the boxes inside of the 
house?—A. They were outside. 

Redirect: 

Q. Could they see what was done?—A. Yes, sir; nothing to keep them from see- 
ing. 

Q. Do you not know that a large majority of the votes cast at this precinct, were 
in favor of Murray?—A. Yes, sir. 

B. C. (his x mark) Carter. 

Sworn to before me this 29th March, 1897. 

[seal.] Jno. Black, 

Notary Public, South Carolina. 


B. SANDERS, sworn, says: 

Q. State your age, occupation, place of residence, aud where you were on the 3d 
day of November last.—A. I am 32 years of age; clerk; I reside at Ritters Cross 
Roads; I was at Green Pond on 3d November last. 

Q. Did you hold any official position iu reference to the election ? If so, what was 
it?—A. I was a manager of election. 

Q. Where was the election held?—A. Near the depot in the Jones House; the 
house was vacant at that time. 

Q. Were there any persons who offered to vote on that day and rejected?—A. Yes; 
by their not having their registration certificates, j)oll-tax receipts, etc. 

Q. What evidence did they offer, if any, of their right to vote?—A. They brought 
up their poll-tax receipts, old bills of sale, and old mortgages, and when they did 
not have their registration certificates they were not allowed to vote. 

Q. At the time those who offered to vote and were rejected, did they state to the 
managers for whom they desired to vote?—A. They did not. 

Q. Did they state that they desired to vote for George W. Murray for Congress?— 

A. They did not. . 

Q. Did you hear anyone reading affidavits or any paper purporting to be an 
affidavit to those who had been rejected?—A. I did not. 

Q. If such an affidavit or paper had been read on the inside of the booth would 
you not have heard it?—A. I would have heard it, and no such paper was read. 

Q. Did any person or persons sit on the inside where you were conducting the elec¬ 
tion and take the names of those who had been rejected?—A. No. 

Q. Do you know of any such persons as referred to?—A. About middle of the day 
about six feet on the outside on the piazza I discovered someone there writing on a 
stool; I did not know what they were writing; I was several days afterwards 

17745-29 



450 


MURRAY VS. ELLIOTT. 


informed by some colored people that they were taking down the names of those who 
were rejected. 

Q. Do you know D. P. Polite?—A. I do not. 

Q. Do you know A. Fraser?—A. I do not. 

Q. D. P. Polite testified that he was right over the box all day, and could see and 
hear everything that was done during the day. Is this true?—A. There was a man, 
I do not know his name, who did come several times during the day and stand by 
the box, and would go off and return; he seemed to be under the influence of whisky. 

Q. Did anyone sit at the box during the entire day to observe the voting?—A. 
They did not. 

Cross-examined by Mr. Edwards: 

Q. Can you tell about how many persons who offered to vote that day whose votes 
were rejected?—A. I can not. 

Q. Were there any list of the rejected voters kept by the managers?—A. There 
was not. 

Q. Was there any voter who had a registration certificate and poll-tax receipt who 
was rejected?—A. There was not. 

Q. Did any of those persons whose votes were rejected, after they were rejected 
and before they left the booth, state to the managers for whom they desired to vote?— 
A. They did not. 

B. Sanders. 

Sworn to before me this 29th March, 1897. 

[seal.] Jno. Black, 

Notary Public, South Carolina. 

T. C. SANDERS, sworn, says: 

Q. State your age, occupation, place of residence, and where you were on the 3d 
day of November last.—A. I am 30 years of age; merchant; I reside at Ritters 
Crossroads, and was at Green Pond on the 3d day of November last. 

Q. In what capacity did you act, if any?—A. One of managers of election. 

Q. Were there any persons who offered to vote and rejected?—A. Yes. 

Q. Why were they rejected?—A. Did not have their registration certificate and 
their poll-tax receipt. 

Q. What evidence did they offer, if any, of their right to vote?—A. They handed 
us old mortgages and other old papers. 

Q. At the time they offered to vote, did they state for whom they desired to vote?— 
A. They did not. 

Q. Did you hear anyone read affidavits or any other paper to those who had been 
rejected on the inside of the polling place, in which it was stated for whom they 
had offered to vote?—A. I did not. 

Q. Was any such paper read within your hearing?—A. There was not. 

Q. Did you see anyone keeping a list on the outside?—A. I did not. 

Q. Did you permit all persons, white and black, Republicans and Democrats, to 
vote who held their registration certificates and poll-tax receipt?—A. We did. 

Cross-examination by Mr. Edwards : 

Q. Mr. Sanders, did the managers keep a list of the rejected voters?—A. No. 

Q. Did any of the rejected voters, after they had been rejected and before they left 
the polling booth, state to the managers or in their hearing for whom they desired 
to vote?—A. They did not. 

T. C. Sanders. 

Sworn to before me this 29th March, 1897. 

[seal.] Jno. Black, 

Notary Public, South Carolina. 

J. B. LARISEY, sworn, says: 

Q. State your age, occupation, place of residence, and where you were on the 3d 
day of November last.—A. I am 58 years of age; merchant; Ritters Crossroads. I 
was at Green Pond on November 3 last. 

Q. What official position, if any, did you hold on the 3d of November last?—A. 
I acted as clerks for the managers. 

Q. Were there any voters who applied on that day to vote who were rejected?—A. 
Yes. 

Q. Did you hear the managers assign any cause for such rejection; if so, what?—A. 
Those who had no registration certificates were rejected. 

Q. Did the parties so rejected assign any name to the managers as the person whom 
they intended to vote for?—A. I did not hear any. 

Q. Were you in such a position that you would have heard if they had given a 
name to the managers?—A. I think so. I was very near. 

Q. Were the polls open to public view, and the election fair and honest?—A. Per¬ 
fectly open to view and fair and honest. 


MURRAY VS. ELLIOTT. 


451 


Q. Did you hear anyone read any affidavits or papers on the outside of the booth 
to those who had been rejected on the inside, in which the name of the x>arty they 
intended to vote for was stated?—A. I did not. 

Q. Could you have heard if such x'aper had been read?—A. I think so. 

Q. Did the managers permit all persons, Democrats and Rex>ublicans, to vote who 
held their registration certilicates and poll-tax receipts?—A. Yes. 

Q. Do you know D. P. Polite?—A. Yes, sir. 

Q. Did he occupy a position around that table all day?—A. He was there fre¬ 
quently during the day. He was present when the votes were counted. 

Q. \\ hat was his condition? Was he drinking?—A. I did not notice him particu¬ 
larly , and therefore can not say that he was. He took a list of the votes cast and 
said it was the fairest election he had ever seen. 

Cross-examination by Mr. Edwards: 

Q. Mr. Larisey, did all of the managers leave the poll at any one time during the 
day?—A. They did not leave the room, which was perfectly open. They sometimes 
were not sitting at the table. 

Q. Would they not be near enough to see when a party came in to vote?—A. Yes; 
but one of the managers did not register any of the voters’ names. 

Q. Was this the reason that was necessary for you to require the party referred to 
by Polite to wait till Mr. Sanders's return?—A. If I did so, that is the reason. 

J. B. Larisey. 

Sworn to before me this 29th March, 1897. 

[seal.] Jno. Black, 

Notary Public , South Carolina. 

Pursuant to notice, the following witnesses were this day examined in behalf of 
the contestee, William Elliott, at Jacksonboro precinct, in the County of Colleton, 
State of South Carolina. 

Present: E. H. Snider, representing the contestee, and .J. B. Edwards, represent¬ 
ing the contestant. 

SAMUEL P. JOHNSON, sworn, says: 

Q. State your age, occux>ation, your jdace of residence, and where you were on the 
3d day of November last.—A. I am 40 years of age; farmer; I reside near Jackson¬ 
boro, and was at Jacksonboro on the 3d day of November last. 

Q. Did you hold any official position in reference to the election? If so, what was 
it?—A. Yes; I was one of the managers at the Federal box. 

Q. Where was the election held?—A. In Mr. Butler’s office. 

Q. Were there any persons on that day who offered to vote and were rejected? If 
so, why?—A. Yes; they did not have registration tickets and their names were not 
on the book. 

Q. At the time those who offered to vote and were rejected, did they state to the 
managers for whom they desired to vote?—A. Some did. 

Q. Did they state that they desired to vote for Geo. W. Murray for Congress?—A. 
Some of them did. 

Q. Did you hear anyone reading affidavits or any paper purporting to be an affi¬ 
davit to those who had been rejected?—A. I did not. 

Q. If such had been read on the inside of the house would you have heard it?—A. 
It certainly seems so. 

Q. Did any person or persons sit on the inside of the house when you were con¬ 
ducting the election, and take the name of those who had been rejected?—A. I saw 
some one writing, but don’t know what he was writing. 

Q. Do you know who he was?—A. I do not remember, but think they were Tom 
Grant and Robert Glover, but am not x>ositive. 

Q. Did anyone sit at the box the entire day to observe the voting?—A. Those par¬ 
ties who seemed to be writing stayed there all day. 

Q. Were any person or persons who said they desired to vote for Elliott rejected?— 
A. Yes, sir; on the grounds that they did not have their registration certificates. 

Q. Do you know any of those who desired to vote for Elliott? If so, who were 
they?—A! Mr. Thomas, from Poupon, and others; their names I do not recall, except 
Mr. Patterson, from Ashepoo, S. C. 

Cross-examined by Mr. Edwards: 

Q. Did any of the parties who were rejected have registration certificates ?—A. No. 

Q. You stated in your direct examination that some were rejected because their 
names were not on the books?—A. Yes. 

Q. Did any of these have certificates?—A. No. 

Q. How near were the parties whom you saw writing to the ballot box?—A. I sup¬ 
pose about ten feet. 


452 


MURRAY VS. ELLIOTT. 


Q. Did they remain there until the votes were canvassed?—A. Yes; they came up 
close and saw the votes counted. 

S. P. Johnson. 

Sworn to before me this 30th March, 1897. 

Jno. Black, Notary Public, South Carolina, [l. s.] 

Jacksonboro, S. C., March 31,1897. 

Pursuant to adjournment the following testimony was taken this day: 

JOSEPH BIVENS, sworn, says: 

Q. State your age, occupation, place of residence, and where you were on the 3d 
day of November last.—A. I am 37 years of age; am a farmer; I live about 2 miles 
from Delemars Crossroads, and I was at Delemars Crossroads on the 3d day of Novem¬ 
ber last. 

Q. In what capacity, if any, did you act on the day of election?—A. I was one of 
the managers at the Federal box. 

Q. Were there any persons who offered to vote and rejected?—A. Only those who 
did not have their registration certificates. All who had registration certificates 
were allowed to vote. 

Q. Did you know for whom those offering to vote would have voted for had they 
not been rejected?—A. No, sir. 

Q. Did they state to the board of managers, of which you were a member, for 
whom they wished to vote?—A. No, sir; they just put their heads in the window 
and said they wished to vote, and when we asked them if they had their registration 
certificates, they said no, and turned away. 

Q. Did the board of managers keep a list of all those who asked to vote and were 
rejected?—A. Yes, sir; we kept a list. 

Q. How many did that list contain?—A. 102. 

Q. Did you hear these rejected persons state to anyone on the day of election for 
whom they wished to vote?—A. I heard O. J. Jones say he wanted to vote for Murray. 
That was on the outside of the booth. 

Q. Do you know whether he voted or not?—A. Yes, sir; he voted. 

Q. Did you see anybody keeping a list or taking the names of persons on the day 
of election?—A. I saw E. J. Fereby and one Pinckney keeping a list, but did not see 
what it was. 

Q. How far were they from the place where you held the election?—A. I suppose 
about 30 feet. 

Q. Do you know whether or not anything was read to those who were going up to 
the place where Fereby and others were keeping this list?—A. I do not know. 

Q. Were you present on the day that the registration officers attend at the Dele¬ 
mars precinct for the purpose of registering the voters?—A. Yes; I was there for 
a while. 

Q. Do yon know how the persons were admitted by these officers for registra¬ 
tion?—A. Yes; four colored at a time and then four whites at a time. There was 
no distinction. 

Q. Do you know one M. M. Middleton?—A. Yes, sir. 

Q. Was he at Delemars precinct on the day of election?—A. Yes, sir; he was there. 

Q. Do you know what he was doing during the day?—A. No, sir. 

Q. Middleton testified in this contest that 180 persons were rejected and denied 
the right to vote by the managers. Is this true?—A. No, sir; there was 102. 

Q. Do you know H.Geddis?—A. Yes; I know him when I see him. 

Q. Did he or anyone else ask you for representation in the polling booth?—A. No, 
sir. 

Q. Do you know Jos. Singleton?—A. Yes, sir. 

Q. Did he ask you or the board for representation on the board of managers?—A. 
No, sir. 

Cross-examination by Mr. Edw ards: 

Q. Mr. Bivens, did any of these parties who were rejected before they left the 
polling place state to the managers or in the hearing of the managers for whom they 
would have voted if they had been allowed to cast their ballots?—A. I heard A. J. 
Jones say so, but he voted. 

Q. Who kept the list of the persons who were rejected?—A. Mr. Lewis, the clerk. 

Q. Did any of the parties who were rejected have registration certificates?—A. 
No. 

Q. Where was the poll situated?—A. Inside the schoolhouse, at the window. 

Q. Then, when the voters came to cast their ballots, they did not come inside of 
the building, did they?—A. No; they came up to the window. 

Q. About how high is the sill of the window from the ground?—A. About three 
and a half or four feet. 


MURRAY VS. ELLIOTT. 


453 


Q. Were there any persons who were recognized as Republicans allowed in the 
booth to witness the canvass ol the votes?—A. Yes, sir; Joe Singleton. We called 
him iu to witness the count. 

Q. Where did the registration officers conduct the registration on the day that 
that they were at Delemars?—A. Up in the ginhouse of Messrs. Bivens & Bivens. 

Q. Was that upstairs?—A. Yes. 

Q. Then persons who were on the ground could not tell or see what went on 
upstairs, could they ?—A. No; they could see in the door. 

Q. All that you can say is that lour persons were allowed up at a time, taking 
white and colored alternately?—A. Yes; four white and four colored went up at a 
time. 

Q* Are you sure that there were only 102 persons rejected on the day of election?— 
A. Yes; I am sure. As they were rejected Mr. Lewis took their names down. 

Q. Were there any white persons in that number?—A. Not that I can remember. 
The white men who did not have registration certificates stayed at home. 

Re-direct: 


Q. What sort of a place is Delemars?—A. Crossroads out in the country; two 
small stores, a dwelling, small schoolhouse, and a ginhouse. 

Q. Then the ginhouse in which this registration was held was the only place that 
could have been procured for that purpose on that day?—A. Yes. 

Joseph Bivens, Jr. 

Sworn to before me this 31st day of March, 1897. 

Jno. Black, Notary Public, South Carolina, [l. s.] 


J. D. BIVENS, sworn, says: 

Q. State your age, occupation, your place of residence, and where you was on the 
3d day of November last?—A. I am 34 years of age; farmer; I reside near Delemars, 
and was at Delemars on the 3d of November last, and was one of the managers at the 
Federal box. 

Q. Did those who ottered to vote state for whom they wished to vote?—A. No, sir. 

Q. When those offering to vote, having no registration certificate, what did they 
do after they were rejected?—A. After they were rejected they turned away and 
walked off. 

Q. Do you know how many were rejected?—A. 102. 

Q. Did you see any of the rejected voters sign an affidavit, or any other paper, 
after they had been rejected?—A. They turned away from the polls and went about 
twenty-five feet and signed some kind of a paper at a table. 

Q. Were these papers that they signed read over to them?—A. No; not that I 
could hear; they just walked up and signed them as they were handed to them. 

Q. Did any of the rejected voters say to the managers, when they came up, that 
they wanted to vote for Geo. W. Murray?—A. Only one; that was O. J. Jones, and 
he voted for Murray; I saw his ticket. 

Q. Did you permit any of the Republicans to witness the count?—A. Yes; I called 
one of the leading Republicans, Joe Singleton, in to witness the count. 

Q. How did the vote stand on the count between Elliott and Murray?—A. Elliott, 
15; Murray, 20. 

Q. Did you permit all who were qualified under the law, both white and black, to 
vote?— A. Yes, sir. 

Q. About what is the relative strength of the Democrats and Republicans, if all 
were allowed to vote, at Delemars precinct?—A. 154 Democratic voters there and 
135 Republicans at that precinct. 

Q. You stated that Elliott only received 15 votes. Can you account in any way 
why he received so few votes at that poll?—A. Yes, sir; there was a report circu¬ 
lated that he was representing the gold platform. 

(Counsel for contestant objects to so much of the last answer of this witness as 
based upon the rumor with reference to Colonel Elliott’s position on the money 
question, it being merely hearsay.) 

Q. At the primary election held prior to the general election to select Democratic 
candidates, did Colonel Elliott get more than 15 votes?—A. Yes; he got the unani¬ 
mous vote of the Democratic club. 

(Counsel for contestant objects to both this question and answer upon the ground 
that the record is the best evidence as to the result of that primary election.) 

Q. Was this report that Colonel Elliott was a “gold bug” and represented the 
gold platform circulated before the primary election?—A. No, sir; it w r as circulated 
after the primary. 

Cross-examination by Mr. Edwards: 

Q. The table where these rejected parties went to, 20 or 25 feet away, where they 


454 


MURRAY VS. ELLIOTT. 


signed the papers, was outside of the building when the election was held, was it 
not?—A. Yes; outside of the building, in front of the window where the election 
was held. 

Q. You was on the inside of the building, were you not?—A. Yes. 

Q. Was there much of a crowd outside of the window?—A. There was a good, 
large crowd around the table where they were signing these blanks. 

Q. You could not, then, well tell whether these blanks were read over to these 
parties when they signed them or not, could you?—A. I saw them go up and sign 
their names or make their mark, and it was close enough for me to hear if it had 
been read to them. 

Q. Upon what information do you base the statement that the Republican strength 
of Delamars preciuct would only be 135 votes if all of them were allowed to vote?— 
A. That is based upon those that were rejected and upon those who were allowed to 
vote and my personal knowledge of the people in that township. 

Q. All of the Republicans in that township are colored, are they not?—A. Yes. 

Q. About how many Republicans were there who did not apply to vote on the day 
of election, if any?—A. About 3 or 4 were absent to my knowledge. 

Q. If you estimate the strength to be 135, and only 20 voted and 102 rejected and 
3 or 4 absent, how do you account for the remainder?—A. There was 2 or 3 who 
registered at the precinct who did not belong there, and had never voted there 
before; they came over from Ravenel. 

Q. They voted there at the last election?—A. Yes; but never before. 

Q. Are they counted in your estimate of 135?—A. No. The estimate was only 
based upon those who reside in the township. 

J. D. Bivens. 

Sworn to before me this 31st day of March, 1897. 

Jno. Black, Notary Public, South Carolina, [l. s.] 

B. B. PLATT, sworn, says: 

Q. State your age, occupation, place of residence, and where you were on the 3d 
day of November last.—A. I am 31 years of age; farmer; Delemars precinct. I was 
at Delemars, and was one of the managers at the Federal box. 

Q. Were there any persons rejected by the board of managers and not allowed to 
vote on that day?—A. Y r es, sir. 

Q. Why?—A. They did not have their registration certificates. 

Q. When those who were rejected presented themselves and offered to vote did 
they state to the board of managers that they wauted to vote for George W. 
Murray ?—A. No. 

Q. Then you do not know for whom they would have voted had they been per¬ 
mitted to vote?—A. No, sir. 

Cross-examination by Mr. Edwards: 

Q. Before these parties who were rejected left the poll after they had been rejected 
did they state to the managers or in tbeir hearing for whom they would have voted 
if they had been allowed to cast their ballots?—A. Not in my hearing. 

Q. Was there anyone rejected who had a registration certificate?—A. No; none. 

B. B. Platt. 

Sworn to before me this 31st day of March, 1897. 

Jno. Black, Notary Public, South Carolina, [l. s.] 

J. A. DAVIS, sworn, says: 

Q. State your age, occupation, where you reside, and where you were on the 3d 
day of November last?—A. Iam 52 years of age; farmer; I reside in Adams Run 
Township; 1 was at Adams Run precinct on the 3d day of November last. 

Q. Why did you go there that day?—A. To act as one of the managers of the Fed¬ 
eral election. 

Q. Did you act?—A. I did not. 

Q. Why?—A. There was no box nor poll list. 

Q. Were you there in time to act?—A. I was. 

. Q- Was any election held, or were the polls opened by anyone else?—A. I think 
there was a poll opened on the opposite side of the road by the colored people; I 
did not go over there. 

Q. Were the Democrats in a position to vote at that precinct on that day?—A. No; 
there was no poll. 

Q. How many Democrats do you suppose went out to vote and were prevented by 
no poll being opened?—A. Between 75 and 80. 

Q. Do you know about the relative strength of the Democrats and Republicans, 
registered voters at that precinct ?—A. Something over 100 Democrats and between 
30 and 35 Republicans. 

(Counsel for the contestant objects to both this question and answer upon the 


MURRAY VS. ELLIOTT. 455 

ground that the registered vote of the precinct referred to is a matter of record, the 
record is the best evidence, and ought to be introduced.) 

Q. Then it was against Colonel Elliott’s interest to close the polls at that place, 
was it not?—A. It was. 

Cross-examination by Mr. Edwards: 

Q. W ho were the board of commissioners of the Federal election for Colleton 
County?—A. I do not know. 

Q. Did you get a commission as a manager of election?—A. I saw my name in the 
paper, that I had been appointed one of the managers of the Federal box. 

Q. Was the newspaper publication of your name as a manager the only notice or 
information which you received, as to your appointment as such?—A. Yes; it was. 

Q. Do you know to what political party the Federal commissioners of election for 
Colleton County belong?—A. Democratic party. 

Q. Whose duty was it to furnish the managers with boxes and poll lists?—A. The 
commissioners of election. 

Q. Do you happen to know whether one of the other managers at your precinct 
was notified by the commissioners to call for box and papers for that precinct?—A. 

I think the chairman of the managers, according to the newspaper was to call for 
the box and papers. 

Q. Who was the first-named manager at that precinct?—A. M. W. Simmons. 

. Q. Do you know whether he called for the boxes and papers or not?—A. Mr. Sim¬ 
mons expected them the afternoon before the election by express. 

Q. Upon what information do you base the statement that there are more than 
100 registered voters in that precinct who are Democrats, and that there are only 
between 30 and 35 Republicans?—A. Information obtained by reference to the regis¬ 
tration books. 

Q. Are you a member of the board of supervisors of registration for this 
county?—A. No. I am not. 

Q. When did you see the registration books?—A. I have not seen it; but I base 
what I say from what I was told by members of the board. 

Q. Then all of your information on that point is what you have been told by the 
members of the board?—A. Yes, and we have the names of 140 Democrats on our 
club roll. 

Q. Y r ou would not attempt to swear that every Democrat whose name is on the club 
roll has been registered, would you?—A. No. 

J. A. Davis. 

Sworn to before me this 31st day of March, 1897. 

Jno. Black, Notary Public, South Carolina, [l. s.] 

L. A. MILLARD, sworn, says: 

Q. State your age, occupation, your place of residence, and where you were on the 
3d day of November last.—A. I am 25 years of age; sawyer; I reside at Adams Run 
precinct, and was one of the managers appointed at the Federal box, and was there 
on the 3d day of November last. 

Q. Did you act as a manager; if not, why?—A. There was no box. I got there in 
time to open the poll. 

Q. How many Democrats do you suppose attended the precinct on the day of elec¬ 
tion?—A. I suppose about 75 or 80. 

Cross-examination by Mr. Edwards: 

Q. What notice did you receive of your appointment as manager?—A. I only saw 
my name in the county paper. 

Q. Do you remember the names of the persons who constituted the board of com¬ 
missioners of election in this county?—A. I think it was J. L. Platt, J. L. B. Warren, 
and D. H. Behie. 

Q. Do you happen to know whether those gentlemen were Democrats or Republi¬ 
cans?—A. Y r es; they are Democrats. 

Q. Do you know why it was that there were no boxes or papers at Adams Run 
precinct on that day?—A. No; I do not. 

Q. Whose duty was it to furnish these things?—A. The chairman of the county 
board of commissioners of election. 

Q. Upon what information do you base the statement that there were about 75 or 
80 Democrats who attended at the precinct that day?—A. I saw about that many 
tli0r6 

Q. Can you state whether each of the persons who you saw there had been regis¬ 
tered?— A! Yes; those who I knew to be Democrats, I knew to have registration cer¬ 
tificates. I was appointed clerk at the State box and saw them vote, and saw their 
registration certificates. 


456 


MURRAY YS. ELLIOTT. 


Q. When were you appointed clerk at the State box?—A. That morning, after the 
Federal box did not come. 

Q. That was before the polls were opened?—A. Yes. 

L. A. Millard. 

Sworn to before me this 31st day of March, 1897. 

Jno. Black, Notary Public, South Carolina, [l. s.] 

J. H. DODD, sworn, says: 

Q. State your age, occupation, place of residence, and where yon were on the 3d 
day of November last.—A. Iam 44 years of age; merchant; I reside at Round, S.C.; 
I was at Gloverville polling precinct on the 3d day of November last, and was one of 
the managers of the election at the Federal box. 

Q. Do you know James Perkins?—A. Yes. 

Q. Did he offer to vote on that day?—A. Yes, sir. 

Q. Did he vote?—A. No, sir. 

Q. Why?—A. I do not remember. 

Q. Did you reject anyone who complied with the law by having nis tax receipt and 
his registration certificate?—A. No, sir. 

Q. Did you reject James Perkins because he was not a citizen of this State or of 
the United States?—A. No; he was rejected either for not having a tax receipt or not 
having a registration certificate. 

Q. Did you tell him any such thing; that is, that he was rejected on account of 
his not being a citizen of the State or the United States?—A. No, sir; I did not. 

Q. Did you tell him that he could not vote because he had been a soldier of the 
United States and was drawing a pension?—A. I did not. 

Q. Did any of those who were rejected, or all of them, state to the board of man¬ 
agers at the time thev offered to vote for whom thev desired to vote?—A. Thev did 
not. 

Q. Did they make any statement as to who they were going to vote for in your 
hearing?—A. Yes, sir. 

Q. How far away from the boxes were the statements made for whom they 
intended to vote?—A. Within a few feet. 

Q. What did they do then?—A. He stepped off to a table about ten feet away and 
signed a paper of some kind, I do not know what. 

Q. Could you see from where you were what they were signing?—A. I could not. 

Q. Now w r hat they did sign, if anything, w r as it read over to each and every man 
Avho did sign?—A. I heard it read over to some, at other times it was impossible to 
hear on account of the noise they were making. 

Q. Could an affidavit have been read over to each man before he signed it within 
the time allovred each voter to come in the polling booth and go out?—A. I don’t 
think any one man could have done so. 

Cross-examined by Mr. Edwards: 

Q. Mr. Dodd, there was no memorandum kept of the reasons why they were 
rejected that day, w r as there?—A. No, not by the board. 

Q. If Perkins had a certificate of registration and did not have a tax receipt, he 
would have been rejected, would he?—A. Yes. 

Q. So it is possible that he had a registration certificate and no poll-tax receipt 
and was rejected for that reason?—A. Yes; he was rejected for not having one or the 
other, but I can not say which. 

Q. Then, the reason why you can not tell which is because there w r as no official 
memorandum kept by the board of managers?—A. Yes; that is the reason. 

Q. Can you tell about how many of the persons who were rejected there stated in 
the presence of the managers for whom they desired to vote?—A. Every one of them. 

Q. Can you give the number of persons who were rejected at that precinct?—A. 
Yes; 87. 

J. H. Dodd. 

Sworn to before me this 31st March, 1897. 

[seal.] Jno. Black, Notary Public, South Carolina. 

A. A. PATTERSON, Jr., sworn, says: 

Q. State your age, occupation, your place of residence, and where you were on the 
3d day of November last.—A. I am 24 years of age; rice planter; I reside at Ashe- 
poo, and was at Jacksonboro on the 3d day of November last. 

Q. Did you offer to vote at the Federal poll at Jacksonboro precinct at the last 
election?—A. Yes', sir. 

Q. Were you permitted to vote?—A. No, sir. 

Q. Why?—A. I did not have a registration ticket. 

Q. Are you a registered voter?—A. Yes, sir. 


MURRAY YS. ELLIOTT. 


457 


Q. To what political party do you belong?—A. The Democratic party. 

Q. Do you of your own knowledge know of any other person who were rejected on 
the same grounds?—A. Yes. 

Q. Who?—A. A. L. Cunningham. 

Q. Do you know why he was rejected?—A. Yes; he had his registration certificate 
and did not have his poll-tax receipt. 

Q. Do you know to what political party Cunningham belongs?—A. Yes; to the 
Democratic party. 

Cross-examined by Mr. Edwards: 

Q. Where was your registration certificate on the day of election?—A. Locked up 
in Sheriff John Black’s office, at Walterboro. 

Q. Were you one of the mauagers at the Federal box that day at Jacksonboro?— 
A. No. 

A. A. Patterson, Jr. 

Sworn to before me this 31st March, 1897. 

[seal.] Jno. Black, Notary Public, South, Carolina. 

J. I. GARVIN, sworn, says: 

Q. State your age, occupation, your place of residence, and where you were on 
the 3d day of November last.—A. I am 48 years of age; farmer. I reside near Jack¬ 
sonboro, and was at Jacksonboro on the 3d day of November last, and one of the 
managers of the Federal box. 

Q. Were there any persons rejected and not permitted to vote at this precinct on 
the last election?—A. Yes, sir; some did not have their registration certificates, and 
others on account of not having poll-tax receipts. 

Q. Did you treat both Democrats and Republicans in the same manner when they 
offered to vote without having their registration certificates?—A. Just the same. 

Q. Can you remember how many were rejected?—A. I can’t say how many; there 
was a good many. 

Q. Do you remember about how many whites or Democrats were rejected?—A. Six 
or eight; I do not remember exactly. 

Q. At the time those who were rejected presented themselves to the board and 
offered to vote, did they state to the board of managers that they wanted to vote 
for George W. Murray?—A. Did not make such a statement to the board; they 
said something like this when they turned off and went to a place where they 7 were 
taking down names; I paid no special attention to it; I was busy attending to the poll 
here. 

Q Then you do not know what they were signing or doing?—A. I do not know; 
I did not go out to see what it was. 

Cross-examination by r Mr. Edwards: 

Q. When these persons who had been rejected turned off' from the box, did they 
state who they wished to vote for?—A. Not to the mauagers; but I heard some say 
as they turned away who they intended to vote for. 

Q. Have you any idea how many 7 you heard say for whom they intended to vote?— 
A. I heard two or three say 7 if they 7 had been allowed to vote that they would have 
voted for Murray. 

Q. What was the vote at this precinct?—A. I can’t say; I have forgotten. 

J. I. Garvin. 

Sworn to before me this 31st day of March, 1897. 

[seal.] John Black, Notary Public, South Carolina. 

Jacksonboro, S. C., April 1 , 1897. 

George W. Murray, contestant, v. Wm. Elliott, contestee. 

On this the 1st day of April, A. D. 1897, pursuant to adjournment, the taking of 
depositions in the above case was resumed before me at 10 o’clock a. m., M. P. 
Howell, esq., for the contestee, Wm. Elliott, and J. B. Edwards, esq., for the contest¬ 
ant, George W. Murray. 

[seal.] John Black, Notary Public, South Carolina. 

M. W. SIMMONS, sworn, says: 

Q. State your age, occupation, your place of residence, and where you were on the 
3d day of November last.—A. I am 36 years of age; general merchant; I reside in 
Adams Run Township, and was at Adams Run on the 3d day of November last. 

Q. Why did you go to Adams Run on the day of election?—A. I went there for 
the purpose of opening the Congressional box. 


458 


MURRAY VS. ELLIOTT. 


Q. Did you open it?—A. I did not. 

Q. Why?—A. Because the box did not come. 

Q. Had you been appointed one of the managers to open that box?—A. Yes. 

0- H ow did you expect to get the boxes, and where did you expect to find them on 
the morning of the election?—A. 1 expected to get them by the usual way, on the 
railroad, and to find them at the depot; this has been the custom to send them down 
and they were usually delivered by the agent, as the polls were held at the depot. 

Q. Did you find that the boxes had been sent for the State poll?—A. Yes. 

Q. Then a failure to get the boxes and other necessary papers, etc., for the purpose 
of conducting said election were the only reason why said poll was not opened?— 
A. Yes. 

Q. Do you know Col. William Elliott, who was at that time a candidate for Con¬ 
gress from this district?—A. I do. 

Q. Did you see him at any time just prior to said election?—A. I did. 

Q. Where?—A. At Adams Run depot. 

Q. Did you have any conversation with him in reference to said election? If so, 
please state what it was.—A. Yes; Mr. Elliott asked me would the poll open all 
right the next day, this being the day before the election ; he said, “ You must be 
sure to have it opened on time and to have everything done fair and a just count of 
said vote,” as he wished a fair and square election. 

Q. Are you acquainted with the Democrats who vote at the Adams Run precinct?— 
A. I am. 

Q. Did any number of them attend at this precinct on the day of the election?— 
A. They did. 

Q. About how many do you suppose visited the precinct for the purpose of voting 
on that day?—A. Between sixty and seventy-five, as near as I can remember. 

Q. Was the failure to open the poll against or in favor of Colonel Elliott’s candi¬ 
dacy?—A. In my opinion it was against Colonel Elliott. 

Q. Do you know about what is the relative strength of the white and colored 
Democrat and Republican voters under the recent registration law at that precinct ?— 
A. I think there is between 130 and 150 white voters registered, all Democratic, and 
between 30 and 40 colored voters, who I believe to be Republicans. 

(Counsel for contestant objects to this question and answer upon the grounds that 
the registered vote at this precinct is a matter of record, and that record being the 
best evidence should be introduced.) 

Cross-examined by Mr. Edwards: 

Q. Mr. Simmons, did you receive any official notification of your appointment as 
manager at that precinct; I mean a written or verbal notice direct from the board 
of commissioners of Federal election for Colleton County?—A. None, except through 
the public print. 

Q. Whose duty was it to furnish the boxes and poll list and other necessary papers 
for the conduct of the Federal election in this county?—A. The Federal commis¬ 
sioners. 

Q. Did you receive any notice from the Federal commissioners of this county as 
to how you were to get the boxes and papers for your precinct?—A. Through the 
paper; it said that the first-named manager was to be chairman of said board, and 
would please call at Walterboro for boxes, but I looked upon this simply as a matter 
of form, as the custom heretofore had always been to forward these boxes by rail 
to the precinct by the commissioners. 

Q. Who was the first-named manager for Adams Run precinct?—A. Myself. 

Q. Are you a member of the board of supervisors of registration for Colleton 
County?—A. I am not, 

Q. Upon what information do you base the statement that there are only between 
30 and 40 registered Republican vpters at Adams Run precinct?—A. From time to 
time I have seen the registration books, and that is the best of my recollection about 
the number. 

Redirect: 

Q. You have always taken an active part in politics in this county and kept up 
with political information at your precinct, have you not?—A. I have. 

M. W. Simmons. 

Sworn to before me this 1st day of April, 1897. 

[seal.] .Jno. Black, 

Notary Public, South Carolina. 

I, John Black, notary public in and for the State of South Carolina, do hereby 
certify that the deponents hereinbefore mentioned, to wit: C. C. Tracy, esq., B. C. 
Carter, B. Sanders, F. C. Sanders, J. B. Lansey, S. P. Johnson, Joseph Bivens, J. D. 
Bivens, B. B. Platt, J. A. Davis, L. A. Melland, J. H. Dodd, A. A. Patterson, jr., J. I. 


MURRAY VS. ELLIOTT. 


459 


Garvin, and M. W. Simmons were duly summoned and appeared before me to testify 
in behalf of the contestee, Wm. Elliott, in the county of Colleton, and, being duly 
sworn, gave the loregoing depositions in relation to the contested election before 
mentioned. 

I further certify that I caused the testimony of said deponents with the questions 
propounded by couusels for contestant and contestee to be reduced to writing in the 
presence ol said deponents, and that the same was subscribed by the said deponents 
in rny presence. 

Witness my hand and seal this 1st day of April, anno Domini, 1897. 

[seal.] John Black, 

Notary Public, South Carolina. 


State of South Carolina, County of Colleton, ss: 

I, H. D. Padgett, clerk of the court of the county and State aforesaid, do hereby 
certify that it appears of record in my office, pursuant to law, that John Black is a 
notary public in and for said State, duly qualified to act as such; that his term of 
office commenced on the 11th day of February, in the year 1890, and will expire on 

the-day of-, in the year 189—, and that his signature above written is 

genuine. 

Given under my hand and the seal of the said court at Walterboro, S. C., on this 
13th day of May, in the year of our Lord 1897. 

[seal.] H. D. Padgett, Clerk. 

State of South Carolina, County of Colleton: 

I, John Black, a notary public in and for the State of South Carolina, do hereby 
certify that the foregoing annexed testimony was taken by me in the above-stated 
contest at the time and place therein stated on behalf of the contestee. 

Witness my hand and seal this 1st day of May, A. D. 1897. 

John Black, 

Notary Public, South Carolina. 

Notice to take depositions. 

To George W. Murray, Contestant: 

You will please take notice that the undersigned will, at Kingstree, in the county 
of Williamsburg, State aforesaid, on Tuesday, the 23d day of March, 1897, at 10 
o’clock a. m., before S. M. B. Scott, a notary public in and for the State of South 
Carolina, examine and take testimony of the witnesses whose names are hereto 
annexed, in relation to and touching the issues involved in the above case, and that 
said examination will continue from day to day until the same be completed: C. 
Lesesne, Greeleyville; G. W. Arms, Kingstree; J. Z. McConnell, Kingstree; W. G. 
Cantley, W. S. Eddy, and W. E. Hanna, all of the county of Williamsburg, State of 
South Carolina, all of whom will be produced in behalf of the contestee. 

Thos. M. Gilland, 
Attorney for Contestee. 

Kingstree, S. C., March 12, 1897. 

Service of within notice accepted this 15th day of March, A. D. 1897, at Beau¬ 
fort, S. C. 

J. I. Washington, 
Attorney for Contestant. 

Hon. G. W. Murray: 

You will please take notice that the undersigned will, at Kingstree, in the said 
county of Williamsburg, at 12 o’clock m., on Saturday, April 3, 1897, before S. McB. 
Scott, a notary public in and for the State of South Carolina, or some other officer duly 
authorized by the laws of the United States to take depositions in contested election 
cases, examine and take testimony of the witnesses whose names are hereto annexed, 
in relation to and touching the issues involved in the above case, and that the said 
examination will continue from day to day until completed: H. O. Britton, G. W. 
Auns, T. M. Gilland, W. W. Keunug, A. A. Brown, Wm. M. Haulden, all of whom are 
residents of the county and State aforesaid. 

Thos. M. Gilland, 
Attorney for Contestee. 

State of South Carolina, Charleston County: 

Personally appeared before me Joseph W. Barnwell, who, being duly sworn, says 
that he served a copy of the annexed notice to take testimony on J. B. Edwards, esq., 
counsel for G. W. Murray, by leaving a copy at the office of the said J. B. Edwards, 




MURRAY YS. ELLIOTT 


430 


esq., between the hours of 6 o’clock in the morning and 9 o’clock in the evening, on 
the 1st day of April, 1897. 

.Jos. W. Haknweij.. 


Sworn to before me this 5th day of April, 1897. 
[l. s.] 


Edward F. Mayberry, 
Notary Public , South Carolina. 


Testimony taken at Kingstree, S. C., on the 23d of March, A. D. 1897, after notice, 
in behalf of William Elliott, contestce, before me, S. McB. Scott, notary public, 
W. T. Andrews representing George W. Murray, contestant, and Thomas M. Giliand 
representing William Elliott. 


W. S. EADDY, being duly sworn, says: 

Q. What office do you hold in Williamsburg County?—A. I am one of the board 
of supervisors of registration for Williamsburg County. 

Q. How long have you held this office?—A. Since the 6th of March, 1896. 

Q. Pursuant to your duty as a member of the board, what did you do towards 
registration?—A. We open the books at the court-house for a term of six weeks, for 
the purpose of registering the voters. After we had registered at the court-house 
for the said six weeks, we open the books at the several precincts, after we had given 
notice in one or more papers in the county of the time and place when and where we 
would open the books. 

Q. How long did you open the books at each precinct?—A. At some of the pre¬ 
cincts we open the books for two days, at others for one day. After this we opened 
the books at the court house, beginning with the first Monday of each month and 
held open for six consecutive days, up to thirty days before the election. 

Q. During the period for registration was there any rush of applicants?—A. There 
was no rush, they came in very scattering; in the latter part of the week the appli¬ 
cants were more numerous, nothing that I would call a rush. 

Q. Did the colored people in the county show any special enthusiasm about being 
registered?—A. They did not. They seemed to care very little about it. 

Q. Was there any necessity for registering applicants after the registration hours?— 
A. There was none. 

Q. How many colored persons did you register in this county?—A. We registered 
582 in this county. 

Q. How many applicants were refused?—A. Something over 300-360. 

Q. Did you make a memorandum of the rejected applicants?—A. Yes; there might 
be one or two less than this; a few rejected ones, out of that number, afterwards 
applied and got certificates. 

Q. What, if any, distinction did the board make in applying the constitutional 
tests to applicants for registration as between Democrats and Republicans?—A. We 
made none that I know of. 

Q. Was there any distinction made between white and colored applicants?—A. 
There was none that I know of; we were lenient to both; I could not say there was 
any. 

Q. Was there appeals taken from the supervisor’s decision in any case?—A. There 
was none taken. 

Q. Were you at Lake City at the registration there?—A. There was two days 
given at that poll; I was there the first day. 

Q. Joseph Gaskins says, that he and Tyler Gaskins went together to get certifi¬ 
cates. Tyler said he did not have any tax receipt. The supervisors asked him to 
have a private conversation and they went to the back door; they then came back, 
swore Gaskins and gave him a certificate, do you know anything of this?—A. I 
know nothing of thisl 

Q. Do you know where Calvin Si ngletory lives?—A. I do; he lives in Lake Town¬ 
ship, Williamsburg County. 

Q. How long has he been living there?—A. More than one year. 

Q. In what Congressional district is Lake Township?—A. It is in the Sixth Con¬ 
gressional district. 

Cross-examination: 

Q. How long have you been supervisor of registration for this county?—A. When 
there was but one supervisor I held the office for about eight years, and I have been 
on the present board since its organization under the new constitution. 

Q. Before the call for the holding of the constitutional convention all persons 
who were 21 years of age in 1882 when the registration law went into operation and 
who did not register at that time were never afterwards allowed to register, were 
they?—A. There were no provisions made by law for such persons to register. 

Q. All such persons, then, were not permitted to vote on the question of holding 
the constitutional convention, were they?—A. I registered them in this county 
through mistake of the law up to the close of the year 1892. 


MURRAY VS. ELLIOTT. 461 

Q. Do you know for what reason the constitutional convention w T as called 1 ?—A. I 
do not know. 

Q. Will you explain what you meant by saying that the colored people cared very 
little about registering?—A. They seemed to be afraid to make the test, because 
they thought the\ could not pass. 

Q. Did yon take the name of all applicants who were rejected?—A. I kept a 
private memorandum of those who were rejected. 

Q. Did each of the supervisors keep a memorandum?—A. Each one did not. I 
requested the clerk to do so for my own information. 

Q. These names were taken in your absence as well as when you were present?— 
A. I don’t know that I can answer that yes, but I requested him to do so, and I sup¬ 
posed he did. 

Q ; . Then you are not positive as to how many applicants were rejected?—A. I 
believe the number already stated is correct. 

Q. How many were rejected at Lake City?—A. I could not say, I was not present 
there but one day. 

Q. Is there a lawyer on the board of supervisors of registration?—A. There is not. 

Q. How would the board decide whether an applicant understood and explained 
correctly a section of the constitution involving a legal construction?—A. By having 
the constitution and the law laid down before them. 

Q. This is a copy of the constitution. Please explain section 4 of article 5, it reads 
as follows: “ The supreme court shall have power to issue writs or orders of injunc¬ 
tion, mandamus, quo warranto, prohibition, certiorari, habeas corpus, and other 
original and remedial writs; and said courts shall have appellate jurisdiction only 
in cases of chancery, and in such appeals they shall review the findings of fact as 
well as the law, except in chancery cases where the facts are settled by a jury and 
the verdict not set aside, and shall constitute a court for the correction of errors at 
law under such regulations as the general assembly may by law prescribe.”—A. It 
explains itself; that is the best I can do for it. 

Q. Was the list of rejected applicants kept by the board ?—A. I asked the clerk, 
who was Lesesne, to keep a list of rejected voters, and when he was absent I kept it 
myself. It was from that list where I got the figures of the rejected ones. The 
figures for the colored registered voters I got from the books. 

Q. How did you determine which section of the constitution you would submit 
to the applicant?—A. I just took it as it come; we just took any section, just as it 
come. 

Q. Did you submit to the applicant any section you did not understand your¬ 
self?—A. No; I did not. 

W. S. Eaddy. 

[seal.] S. McB. Scott, Notary Public. 

W. G. CONTLEY, being duly sworn, says: 

Q. What is your office?—A. I am supervisor of registration and have been so since 
February or March, 1896. 

Q. In what section of the county do you live?—A. I live in Bloomingvale section. 

Q. Did you attend the registration at the Bloomingvale precinct last year?—A. 
Y r es; I attended; we only had registration there one day. 

Q. Do you know T. A. Dicker?—A. Yes; he was bound on my place. 

Q. Was he present at the registration at Bloomingvale?—A. No; he was not 
there; I inquired for him and he came to me afterwards to register—after we had 
closed the books. 

Q. Do you know George Combee?—A. I know him well. 

Q. How did be get his registration certificate?—A. He got it on registration day 
at Blackmings. 

Q. Then it was not sent to him by his son?—A. No; he came in person and got it 
at Blackmings. 

Q. Do you know O. B. Brewerton?—A. Yes. 

Q. Can he read?—A. Ho attempted to read, but you could make nothing out of 
his reading, and they had quite a laugh on him. 

Q. Who had the laugh on him?—A. Both colored and white present. 

Q. Was there anything said there to Brewerton that he knew what Tillman said 
in his speech that he would see the poor white people all right?—A. No such thing 
was said there that day. 

Q. In issuing registration certificates was there any discrimination made between 
whites and blacks?—A. None that I could see; we came as near following the law 
as we could. 

Cross-examination: 

Q. How many applicants for registration certificates in this county were rejected 
last year?—A. 1 do not know, could not say; much less applied than I expected. 


462 


MURRAY VS. ELLIOTT. 


Q. Have you any defect of hearing?—A. Some, a little deaf; I am in my 83d year. 

Q. Were any wliite applicants rejected?—A. Yes; don’t remember how many. 

Q. Give me the names of some of them?—A I can’t give any; don’t remember. 

Q. Do you know for what reason the constitutional convention was called for?— 
A. No; do not. 

Q. In examining applicants would you reject a man for mispronouncing words?— 
A. Would when they missed a good many. 

W. G. Contley. 

[seal.] S. McB. Scott, Notary Public. 

C. LESESNE, being duly sworn: 

Q. What is your office and how long have you held it?—A. I am one of the board 
of supervisors of registration of Williamsburg County, and have held the office a 
little over one year. 

Q. Did you take part in the registration last year?—A. Yes. 

Q. Did you open the books at the court-house and the several voting precincts as 
required by law?—A. Yes. 

Q. Were you at any time crowded by applicants for registration?—A. No. 

Q. Was there any eagerness manifested by the colored people to secure registra¬ 
tion?—A. No. 

Q. Can you give any reason why some of them declined to register?—A. Yes, I 
can. Several said that if it was not for those seeking office the colored people would 
not bother themselves, and they were pushing them up to get a registration certifi¬ 
cate so as they could vote, and they did not care whether they got one or not—that 
it did not pay them anything. 

Q. Do you know how many colored people registered in Williamsburg County?— 
A. According to the books 582 registered for the whole county. 

Q. How many applicants for registration were rejected?—A. Three hundred and 
sixty for the whole county. 

Q. What difference, if any, were made by the supervisors of registration in apply¬ 
ing the constitutional test to applicants for registration as between Republicans 
and Democrats?—A. None. 

Q. What was the test?—A. If a man could read a section in the constitution of 
the State of South Carolina we granted him a certificate; or if he could not read it 
we read it aud he had to explain the section read to him; upon his explaining it we 
gave him a certificate. 

Q. Was there any discrimination between whites and black in selecting the sec¬ 
tions of the constitution to be read or explained?—A. No. 

Q. Name the sections of the constitution you generally used in applying the 
test.—A. By allowing me to use the copy of the constitution we used, 1 can give you 
the sections, because we marked them. Article 1, section 6; article 1, section 7; 
article 1, section 9; article 1, section 10; article 1, section 15; article 1, section 22; 
article 1, section 23; article 1, section 24; article 1, section 25; article 1, section 28; 
article 2, section 2; article 2, section 3; article 2, section 5; article 2, section 10; 
article 2, section 14; article 2, section 15; article 3, section 6; article 3, section 23; 
article 3, section 29; article 4, section 10; article 4, section 13; article 4, section 15; 
article 4, section 17; article 4, section 21; article 5, section 7; article 5, section 20; 
articles, section 28; article 5, section 34; article 6, section l; article 7, section 4; 
article 7, section 13; article 7, section 14; article 8, section 12; article 9, section 16; 
article 11, section 7; article 12, section 3; section 12, article 6; article 12, section 8; 
article 13, section 3; article 17, section 3; article 17, section 4; article 17, section 7; 
article 17, section 8. 

Q. Are there any colored people registered who could not read?—A. A good many. 

Q. Did you attend the registration at Lake City?—A. Yes. 

Q. Did you tell Calvin Singletory, at Lake City, that you niggers ought to come 
and vote with us; that you niggers need not try to secure registration here in this 
county to get office; we just only made that law to keep you niggers from getting 
registration, so you just as well dry up and come and vote with us?—A. Not one 
word of it. Nor I did not care whether they voted with us or not. 

Q. At Lake City, did yon issue any registration certificates after the time for 
closing the books for the day?—A. We invariably closed for the day at 3 o’clock and 
issued no certificates after that time. 

Q. Did the supervisors at Lake City tell the x>eople that they were closed for the 
day, aud then go round into the office and give the whites certificates until dark?— 
A. No. When the hour arrived for closing we were glad to stop. 

Q. Do you know C. Murray, at Gourdins, preacher?—A. Yes. 

Q. Can he read?—A. When he came before us we gave him a section to read. He 
could not read it, but said if we wanted him to read in the Bible he could do so. We 
told him the law required him to read a section in the constitution. 


MURRAY VS. ELLIOTT. 


463 


Q. Do you know Peter Kelty?—A. Yes. 

Q* Gan he read?—A. He could not on that day. I remember his applying. 

Q. Do you know G. W. McCollough?—A. Yes. 

Q. What position does he hold in the Republican party?—A. I have heard that he 
was county chairman, and he appeared to be very much interested in colored people 
getting registration certiiicates. On one occasion he brought in some to register. 
To one ot these who could not read the supervisors read to him section 4, article 7, 
and asked him who the Supreme Being was. He could not tell, and McCollongh 
said to him “ think, and he could not tell us who the Supreme Being was, and we 
rejected him, and McCollough said, “A man who did not know who the Supreme 
Being was ought not to want to vote." McCollough told me that he told Murray 
that we had acted squarely and fairly with the colored people. 

(Attorney tor contestant objects to that part of the foregoing answer concerning 
statements made by G. W. McCollough on the ground that it is hearsay evidence.) 

Q. Do you know James Thorp ?—A. Yes. 

Q. Do you know what position he holds in the Republican party?—A. I do not. 

Q. Did you ever hear him say anything about the fairness of the registration? 

(Counsel for contestant objects to both question and answer on the ground that 
the answer will be plainly hearsay testimony.) 

A. I have. He has stated several times in our presence that we acted fairly with 
the colored—there was one colored man, he told me, could not read and he would 
not come to register. He did his best to get him. I told him that we would do as 
fair by him as the rest: would give him a short section to explain, as he could not 
read; and he brought him, and he explained to our satisfaction, and we gave him a 
certificate. 

Cross-examination: 

Q. For what purpose was the constitutional convention of 1895 called?—A. I can’t 
say why the legislature called it. 

Q. What was the object or purpose expressed by Senator Tillman, Governor 
Evans, and other Democratic leaders?—A. I can not say. 

Q. Did you ever hear of the principle laid down by Senator Tillman and agreed 
to by others, at a conference held in Columbia, 1895, prior to the holding of the con¬ 
vention, which principle was that “no white man should be disfranchised except 
for crime”?—A. I don’t remember anything about that meeting. 

Q. How did you know that the colored voters were not interested or not eager to 
register?—A. Because they told me so. 

Q. Who were some of them that told you so?—A. I can not call their names. 
They came up in the court-house and told me so. I asked them if they wanted to 
register, and give that as their reason; and, furthermore, there was heretofore between 
3,000 and 4,000 voters in the county, and so few applying led me to believe that they 
were indifferent. 

Q. How many years has it been since the 3,000 or 4,000 colored voters, which you 
voluntarily acknowledge live in Williamsburg, were allowed to vote?—A. 1 can not 
say without referring to the poll list. 

Q. Do you not know- that as many as 2,000 have not been allowed to vote in fifteen 
or more years—I refer to colored voters?—A. I can not say. I was always under the 
impression that between 3,000 and 4,000 colored were in the county. 

Q. How many white voters are there?—A. I can’t call to memory. 

Q. Was it generally admitted that the registration laws of 1882 were unconstitu¬ 
tional ?—A. 1 can not say. 

Q. Did you ever see Chief Justice Mclvers opinion on those laws when rhey were 
brought before the supreme court of the State?—A. No; I did not see it. 

Q. You state that some of the colored people told you that if it was not for those 
seeking office the colored people would not bother themselves. Now. is it not a fact 
that, under our form of government, if it were not for those seeking office no one, 
either white or black, would bother themselves about registering and voting?—A. 
It is the office-seekers who force them to register and vote, in my opinion. 

Q. Yon stated that there were 582 registered colored voters in this county. How do 
you know that?—A. By a private memorandum kept by me on the books of regis¬ 
tration. 

Q. Why did you make a record of registered colored voters?—A. To show how 
many white and how many colored registered. 

Q. Why did you wish to show that?—A. It was because I wanted to know for my 
own information and others that might ask the question. 

Q. Did your board agree upon or select the sections of the constitution which you 
stated in your direct examination that yon submitted to applicants?—A. We agreed 
that if a man claimed he could read, we would give him a little longer section; 
that one that had to explain—we agreed upon the sections 1 mentioned. 

Q. When did the board agree to use those sections?—A. I can’t say positively. 

Q. When did you mark the sections which you named this morning?—A. When 


464 


MURRAY YS. ELLIOTT. 


we were at leisure we would make our selections and mark them; when we were at 
leisure we would take the constitution and hunt out short and simple sections and 
mark them. 

Q. Are allot the sections marked in this constitution those which you used; or in 
other words, did you use all the sections which you marked here?—A. We used those 
marked. 

Q. I notice that section 8, in article 1; section 6, and section 11, article 2; section 
24, article 3; section 4, article 5, are marked in the constitution from which you 
read, but omitted from among those which you mentioned that you had used. How 
is this?—A. Some that we used we neglected to mark. Some that are marked the 
applicants asked to give them another trial. 

Q. Did your board require applicants to exhibit their tax receipts or some evi¬ 
dence that their taxes were paid before you considered them qualiiied to register?— 
A. Yes. 

Q. You stated on the direct that when the hour arrived for closing the registration 
office each day you were glad to stop. Why were you glad to stop?—A. Because we 
had to stay there during those hours, and nothing much to do, we were glad when 
the hour came to close. We stayed there all day sometimes and not registered a 
man. 

Q. Please explain section 8 of article 1, “No bill of attainder, ex post facto law, 
law impairing the obligation of contracts, nor law granting any title, nobility, or 
hereditary emolument shall be passed, and no conviction shall work corruption of 
blood or forfeiture of estate. v This is one of the sections marked in your copy of the 
constitution.—A. Dr. Gamble marked that section and told us to give it to some 
applicant. We did not understand it ourselves, and did not give it to any applicants. 

Q. Does not the constitution give you the right to submit that or any other sec¬ 
tion to applicants?—A. Yes; but allowed us to select whatever sections we pleased. 

Q. Did Mr. Contley, the chairman of your board, by reason of his extreme age and 
defect of hearing, give to the duties of his office that ability, fitness, or efficiency 
which should be required of one who fills so important a position?—A. Yes. 

Reply: 

Q. Did the board ever submit section 4 of article 5 to applicants?—A. Not while 
I was present. 

C. Lesesne. 

[seal.] S. McB. Scott, Notary Public. 

W. W. GRAYSON, being sworn and examined by consent: 

Q. What is your office and how long have you held it?—A. I am clerk of the court 
of Williamsburg County since the 10th of December, 1892. 

Q. Have there been any appeals from the board of registration filed in your office ?— 
A. They have been none. 

Q. Where do you live?—A. I live in Kingstree. 

Q. How long have you been living in the town of Kingstree?—A. Since the spring 
of 1886. 

Q. Is the town of Kingstree contiguous to any part of the Sixth district?—A. It is 
not. 

Q. What separates Kingstree from Sumter Township?—A. A part of King Town¬ 
ship. 

Cross-examined: 

Q. Did you vote at the last election?—A. Yes. 

Q. For whom did you vote for Congress?—A. William Elliott. 

Q. In what district is Kingstree?—A. In the First district. 

Q. When was it put in the First district?—A. When the State was redistricted; 
about ’92 or ’93. * ’ 

Q. Are you familiar with the First and Sixth Congressional districts as now 
formed, especially those portions of Williamsburg County which are in those two 
districts?—A. I can’t say that I am. 

Q. Have you in your office the acts which created the districts as now formed?— 
A. I think I have them. 

Q. Did you ever read them?—A. I have read them; not recently, though. 

Q. How do you know that Kingstree is in the First district?—A. That question 
was brought up here just before the last election. How I know it—I heard the 
opinion of two or three good lawyers, and I formed my conclusions from their 
opinion. 

Q. Have you ever studied law?—A. No; I read law awhile; not to any o- re at 
extent. ® 


MURRAY VS. ELLIOTT. 


465 


Q. Upon what ground was the opinion of the lawyers based who said that Kings- 
tree was in the First district?—A. Upon the wording of the act creating the First 
district. 

Q. Does not that act expressly place Kingstree in the Sixth district?—A. 1 think 
not. As I said awhile ago, it has been sometime since I read the act. 

Q. \\ ill you name the boundaries of Kingstree?—A. Bounded on all sides by King 
township, except south and west; on these sides by Black River. 

Q. \\ hat townships are on the opposite side of Black River?—A. Laws and Hope. 

Q. In what Congressional district are they?—A. In First, I think. 

Q. For what purpose was the constitutional convention of’95 called?—A. For the 
purpose of making a constitution for the State of South Carolina. 

Q. V hat was the matter with the constitution of 1868, which the Democratic party 
had found satisfactory until 1894?—A. That the constitution of 1868 was not satis¬ 
factory to the Democratic party, in my opinion. 

Q. What were its defects?—A. I don’t know. 

(The attorney for the contestant objects to this answer, because he alleges the 
attoruey for contestee prompted the witness.) 

Q. Do you know the basis of the agreement reached by Senator Tillman and others 
at a conference held in the earlier part of 1895, that the suffrage plan for the consti¬ 
tutional convention was that “no white man should be disfranchised except for 
crime ? ” 

(Attorney for contestee objects to the question, on the grounds that it is incompe¬ 
tent and irrelevant.) 

A. I do not. 

Q. You never heard of that agreement by Senator Tillman, Mr. Bornwell, and 
others?—A. I have no recollection of ever hearing of it before. 

Q. Was it not well known and generally admitted that the constitutional conven¬ 
tion was to be held for the purpose of disfranchising the negroes and to disfranchise 
no white man except for crime?—A. It was not so known to me, and I never heard 
it admitted. 

W. W. Grayson. 

[seal.] S. McB. Scott, Notary Public . 


J. Z. M’CONNELL, duly sworn: 

Q. Where were you at the last general election and in what capacity were you 
acting?—A. I was in the town of Kingstree and acting as one of the managers of 
Federal election for this precinct. 

Q. Who were the other managers?—A. G. W. Arms and J. W. Coward. 

Q. Tell what happened at that poll in regard to voting in First and Sixth districts 
for Congressman?—A. If I am not mistaken I think that Florine Swails was the first 
colored voter that came up. He asked me which box he must vote in. I told him we 
were living in the First district and vote in the First district box. He voted in the 
box for First district; he lives in the town of Kingstree. He told me he wanted to 
vote for Cohen if he was going to vote in the First. Soon after he voted G. W. 
McCollough came up and the question of how the voters of the town should vote. 
James Thorpe seemed to be leading the town voters and G. W. McCollough the 
country voters. The question arose where the town voters should vote, whether in the 
First or Sixth district. I told them the town voters should vote in First Congress¬ 
ional box; Thorpe contended that they should vote in the Sixth; after some discussion 
Thorpe decided that they should vote in the Sixth. The question was still being 
agitated, and during the time and before it was finally settled as being in the First, I 
supposed some 6 or 8 town voters had voted in the Sixth. We asked them where they 
lived as they came up to vote and instructed the town voters to vote in the First and 
those living in the country across Broad swamp to vote in the Sixth Congressional 
box. When Thorpe was contending that the town voters should vote in the Sixth 
district box, I got the statutes and read the law to them and told them there was no 
exception as to the town of Kingstree in laying off the First district, that I thought 
it controlled the section putting"Kingstree in the Sixth district. James Thorpe and 
G. W. McCollough went with me to Louis Jacobs and M. J. Hirsch, who both told 
them that according to their understanding of the law that the town of Kingstree 
was in the Sixth district, and Hirsch admitted a short time afterwards that he might 
be mistaken. All the voters residing in the town of Kingstree with the exception of 
those already mentioned, who voted while I was there, voted in the box for the First 
district. I was there most of the day during the voting. McCollough and Thorpe 
agreeing after the discussion of the question that the town of Kingstree was in the 
First district; McCollough being of this opinion from my first advice to him. 

17745-30 



466 


MURRAY YS. ELLIOTT. 


Q. Is the town of Kingstree contiguous to any part of Sumter Township?—A. It 
is not. 


Cross-examined: 

Q. To what party did the managers at Kingstree precinct belong?—A. To the 
Democrat party. 

J. Z. McConnell, Jr. 

[seal.] S. McB. Scott, Notary Public. 

Kingstree, S. C., April 3 , 1897. 

VV. T. Andrews, representing contestant, and Thos. M. Gilland, contestee. 


G-. W. ARMS, being duly sworn, testifies: . 

Q. Where do you live?—A. In the town of Kingstree, and have been living there 
for twenty-live years. 

Q. Is the town of Kingstree contiguous to any part of the Sixth Congressional dis¬ 
trict?—A. It is not. 

Q. Where were you on the day of the last general election, and what were you 
doing?—A. I was one of the managers of the Federal election in Kingstree. 

Q. in the box of which district did the residents of the town of Kingstree vote?—A. 
I thought that the town of Kingstree was in the First district and that the voters of 
the town of Kingstree ought to vote in the First district box. After some votes of 
the voters of the town of Kingstree had been cast in the Sixth box the controversy 
arose, what district Kingstree was in. We decided that it was in the First district, 
after which the voters of the town of Kingstree voted in the First district box. I 
don’t know how many votes were voted in the Sixth district box, but not many. 
Some of those were voted for Cohen. 

Cross-examined: 

Q. Did you require tax receipts to be exhibited before voters could vote?—A. We 
did not. 

Q. Were any colored persons refused at your poll ?—A. There was; also some whites 
refused, too. 

Q. Why was they refused?—A. For the want of registration certificates. 

Q. Who were the whites?—A. There were Seth Phelps, sr., and Seth Phelps, jr. 
These two I remember distinctly. 

Q, Have you ever been manager of Federal election before?—A. I have been man¬ 
ager of Congressional elections for the last five or six elections. 

Q. In previous elections for Congressman, in what district did you instruct resi¬ 
dents of Kown or Kingstree to vote; and if you did not instruct them how to vote, 
in what box did they themselves vote without instructions?—A. All that ask me I 
instructed them. Those that did not, I took it for granted they knew how to vote. 

C. W. Arms. 

[seal.] S. McB. Scott, Notary Public. 

HENRY O. BRITTON, being duly sworn, says: 

Q. What connection, if any, did you have with the conduct of the last general 
election?—A. I was secretary for the board of Federal commissioners. 

Q. Did you attend all the meetings of the board?—A. I did. 

Q. Was there any application by anyone in behalf of the Republicans to have 
Republican representation on the boards of managers ?—A. Not to my knowledge was 
there any application. 

H. O. Britton. 

[seal.] S. McB. Scott, Notary Public. 

THOS. M. GILLIAND, being duly sworn, says: 

The witness states that he intends to testify as to what G. W. McCollough stated 
to him. 

(Attorney lor contestant objects to the testimony which witness states that he 
intends to give on the ground that it is purely hearsay and therefore incompetent.! 

On the 30th day ot March, 1897, I asked G. W. McCollough, the county chairman 
of the Republican paity, who it was that applied to the board of commissioners in 
behalf ot the Republican party to have Republican representation on the boards of 
managers. He replied that Z. R. Cooper received a letter from G. W. Murray 
instructing him to apply to the board to have Republican representation; that on 
receipt of the letter he went to the board, but the managers had already been 
appointed. 

Thos. M. Gilliand. 

S. McB. Scott, Notary Public. 


[SEAL.] 


MURRAY VS. ELLIOTT. 


467 


State of South Carolina, County of Williamsburg: 

I, S. MeB. Sc°tt, notary public in and for the said county and State, do hereby 
certify that the witnesses whose depositions are hereto attached, to wit,W. S. Eaddv, 
W. G. Cantley, C. Lesesne, W. W. Grayson, J. Z. McConnell, H. 0. Britton, George W. 
Anns, and Thomas M. Gilland, were by me, the said S. McB. Scott, first duly sworn 
according to law to testily the truth, the whole truth, and nothing but the truth, 
relating to matters in controversy in the cause hereinafter mentioned, and said wit¬ 
nesses were examined according to law, and the foregoing depositions, to which this 
certificate is attached, were taken and reduced to writing by me and subscribed to 
by said witnesses as stated, at the times and places set out therein. 

And I do lurther certify that the foregoing depositions were taken in pursuance 
ol the notices hereto attached, and at the time and places therein specified, to be 
used in behalf ol the contestee, William Elliott, as evidence in the matter of the 
contested election for a seat in the Fifty-fifth Congress of the United States from 
the First Congressional district of South Carolina, in which George W. Murray is 
contestant and William Elliott is contestee. And I further certify that each and 
every erasure, substitution, and interlineation that appears in any part of the fore¬ 
going depositions was made, substituted, and interlined by me in the presence of the 
deponents and before such deposition was signed and subscribed by them. 

In testimony whereof I have hereunto set my hand and seal this 3d day of April, 
A. D. 1897. 

[seal.] s. McB. Scott, Notary Public. 

Exhibit A. 


Notice to take deposition. 


To George W. Murray, Contestant: 

Please take notice that I shall, upon the 27th day of March, 1897, at 478 Louisiana 
avenue, at the office of Edward G. Niles, in the city of Washington, District of 
Columbia, before Edward G. Niles, notary public, commencing at 10 o’clock a. m., 
examine the following-named witness as to the matters and things touching the 
election held in said district on the 3d day of November, 1896, for a Member of the 
Fifty-fifth Congress, and will adjourn said examination from day to day until the 
same is completed, to wit: 

Joseph H. Earle, of Greenville, S. C., at present residing at the Metropolitan 
Hotel, in Washington, D. C. 

William Elliott, Contestee. 


I hereby admit service of a copy of the within notice on me at Washington, D. C., 
this 25th day of March, 1897. 

Geo. W. Murray. 


Pursuant to notice, an examination was held this day in the above case at the 
office of Edward G. Niles, No. 478 Louisiana avenue, in the city of Washington, 
District of Columbia, before Edward G. Niles, notary public, commencing at 10 
o’clock a. in., the contestant being represented by C. S. Nettles, esq., the contestee 
being represented in person. 

JOSEPH H. EARLE, a witness called in behalf of the contestee, being duly 
sworn, says: 

By Mr. Elliott : 

Q. Please state your name, age, and occupation and residence.—A. Joseph H. 
Earle; age, 49; occupation, lawyer; residence, Greenville, S. C. I am now in Wash¬ 
ington attending the Congress of the United States as Senator from South Carolina. 

Q. Before your election as Senator, please state what office you held in South 
Carolina.—A. Circuit judge of the eighth judicial circuit. 

Q. As such judge did you hold the September, 1896, term of the court of general 
sessions and common pleas at Beaufort for Beaufort County, S. C.f—A. Yes. 

Q. As presiding judge of that term, please state what, if anything, was done by 
you with reference to certain appeals from the board of registration for said county, 
taken by persons alleged to have been refused registration by said board.—A. At the 
first opportunity this appeal docket was called. There was a large number of cases 
on this docket, but only about twelve of the appellants responded. These were duly 
examined. As well as I remember, the appeals in six cases were sustained and four 
overruled. Not being satisfied at the first examination, or, rather, entertaining some 
doubt in the matter of the appeals, a second examination or hearing was accorded to 
the appellants, with the result as above indicated. 


468 


MURRAY VS. ELLIOTT. 


Q. If any of these appellants had fully satisfied you on the first examination that 
they were entitled to registration, would you have held the second examination ?—-A. 
Certainly not, and the second examination was held only for the purpose of giving 
to them the fullest opportunity to show, if they could show, that they possessed the 
qualifications of electors, or rather that they were entitled to registration. 

Q. On which side did you solve the doubt iu your mind as to their being entitled 
to registration?—A. 1 would say that none of the appellants fully came up to the 
requirements of our constitution, but being in doubt as to their right to register I 
resolved the doubt in their favor. 

Q. Was application made to you at that term, or subsequently to you at chambers, 
to hear any of the said appeals except those heard by you as above stated?—A. As 
I said before, the fullest opportunity was given to the appellants to have their 
cases heard. During the court of sessions the attorney for the appellants brought 
the matter of the appeals to my attention and desired to know when they would be 
heard. I informed him that they would be heard at the first opportunity after the 
business of the sessions had been concluded. It was my first duty to first dispose 
of the criminal business, and this docket was quite heavy. Soon after the general 
sessions adjourned, either the day of such adjournment or the day after, I called this 
appeal docket, and only twelve of the appellants responded, according to my recollec¬ 
tion. At any rate, the cases of all the appellants who responded were heard and 
duly considered. I also informed the attorney for the appellants that the appeals of 
those persons who had not responded could be heard at any time at chambers while 
the presiding judge was holding court in that circuit. I subsequently held court in 
four of the counties of the second circuit, covering in time about two months after the 
adjournment of the court at Beaufort, and I heard nothing more from the appellants 
or their attorney, and no application was ever made to me to hear any of said appeals 
at chambers. I may add that it was competent for the presiding judge of the court 
to hear these appeals either in open court or at chambers. 

Q. Please state what was the length of the said term at Beaufort.—A. According 
to my recollection the term was two weeks. 

Q. Is the court of general sessions in South Carolina the court for the trial of crim¬ 
inal cases?—A. The court of general sessions has no jurisdiction except in criminal 
cases. 

Q. The attorney for the appellants, I. R. Reed, has testified in behalf of the con¬ 
testant in this case as follows: “During September term, by arduous work, I suc¬ 
ceeded in getting ten of said appeals before Judge Earle.” Please state what ardu¬ 
ous work was done by said attorney in said matter, or what work was done by him 
in connection with said appeals.—A. I know of no work whatever that the attorney 
did in the matter. There was no argument made before me, and all that he did was 
to ask the court to hear the appeals, and this was done at the first opportunity. 

Q. You are positive, then, that with the exception of making the above request of 
the court on that one occasion, no other work was done by the attorney in said- 
appeal?—A. 1 can not say positively that the request was made only once. It is 
possible that Mr. Reed informally referred to these cases more than once during the 
progress of the criminal trials, but I am positive that he did nothing more than to 
request that the cases be heard. 

Q. Please state whether, after holding the term at Beaufort, you next held the 
term in any adjoining county, and if so, in how many adjoining counties.—A. Beau¬ 
fort was the first county of the circuit, and after the adjournment of that court I 
held court at Hampton, in Hampton County, and at Walterboro, in Colleton County. 
Hampton and Colleton counties adjoin the county of Beaufort. I also held court in 
Aiken and Barnwell counties of the same circuit during the same term. 

Cross-examination by Mr. Nettles : 

Q. Senator, is it not a fact that all of the appellants in the registration cases 
alluded to in your direct testimony were persons of color or negroes?—A. Yes; all 
of them were persons of color. 

Q. Senator, did it come under your observation in an official capacity during the 
time when you were judge of the State of South Carolina, or personally, that a 
single white person had ever been refused the right of registration under the 
existing registration law of South Carolina?—A. I have no information or knowl¬ 
edge upon the subject; the only cases of refusal that ever came under my observation 
were the appeals above referred to; as I said before, all of these appellants who 
were examined by me were negroes; there were many cases upon this docket, but 
whether they were negroes or white men I do not know, as there was nothing to 
indicate their color, and nothing was said at the bar to inform me whether they 
were negroes or white persons. 


MURRAY VS. ELLIOTT. 


469 


Mr. Nettles having 
closed. 


no further questions to ask the Senator, the hearing then 

Jos. H. Earle. 


Subscribed and sworn to before me, a notary public in and for the District of 
Columbia, at Washington, D. C.,lhis 27th day of March, 1897. 

[seal.] Edward G. Niles, 

Notary Public, District of Columbia. 

Full consent was given to take the testimony on the typewriter direct. 

Wm. Elliott, Contestee. 

C. S. Nettles, 

Attorney for Contestant. 

District of Columbia, City of Washington, ss: 

I, Edward G. Niles, notary public in and for the District of Columbia, do hereby 
certify that the foregoing testimony of Joseph H. Earle was duly taken by me at the 
time and place mentioned in the annexed notice of deposition, in the contested 
election case of George W. Murray against William Elliott for a seat in the Fifty- 
fifth Congress; that before said testimony was taken the said Joseph H. Earle was 
duly sworn according to law; that at said examination the contestant was repre¬ 
sented by C. S. Nettles, esq., his attorney, and the contestee was represented in 
person; that by agreement of the parties the said testimony was taken in type¬ 
writing, and that the same is in all respects correct. 

Given under my hand and seal at Washington, D. C.,this 27th day of March, 1897. 
[seal.] Edward G. Niles, 

Notary Public, District of Columbia. 


TES TIM 0 NY IN RE BE TTA L. 


Notices to take testimony in rebuttal. 


Hon. Wm. Elliott: 

You will please take notice that, commencing Monday, April 5,1897, at 10 o’clock 
a. in., the undersigned will take testimony in rebuttal before H. W. Purvis, a notary 
public in and for the State of South Carolina, or some other officer duly qualified by 
the laws of the United States to take depositions in contested election cases. Said 
reference will be held at the office of Edwards & Sasportas, No. 110 Church street, 
Charleston, S. C. That the witnesses herein named will there be examined in rela¬ 
tion to and touching the issues involved in above-mentioned case. Said examination 
will continue from day to day until completed. 

J. B. Abbott, No. 19 Norman street, Charleston, S. C.; B. Dosclier, R. B. Wallace, 
Meeting street, Charleston, S. C.; H. W. Purvis, 80 Vauderhorst street, Charleston, 
S. C.; H. L. Smalls, Felix street, Charleston, S. C.; H. G. Perrin, Ashley avenue, 
Charleston, S. C.; J. R. Cuthbert, Cedar court, Charleston, S. C.; M. H. Perry, Jack- 
sonboro, S. C.; Jas. Rivers, jr., Cool Blow, near Charleston, S. C.; Edward Milan, 
King street, Charleston, S. C.; Aaron Logan, Cainhoy, S. C.; A. T. Clauss, Shepherd 
street, Charleston, S. C.; S. B. Doiley, Thos. Matthews, Exchange, S. C.; Louis Dun- 
neman, Lowndes avenue, Charleston, S. C. 

Geo. W. Murray, Contestant. 

W. F. Myers, Attorney. 

Dated at Charleston, S. C., March 29, 1897. 

Personally appeared before me Wm. F. Myers, who on oath says that on March 29, 
1897, he personally served a copy of this notice on the attorneys of Wm. Elliott, at 
their office, 18 and 20 Broad street, Charleston, S. C. Refusing to give written 
acceptance, affiant makes this as his return to same. 

W. F. Myers. 

Sworn to before me this 30th day of March, A. D. 1897. 

[seal.] H. W. Purvis, Notary Public. 

Hon. Wm. Elliott: 

You will please take notice that on Tuesday, April 7,1897, at 10 o’clock a. m., at 110 
Church street, Charleston, S. C., before H. W. Purvis, a notary public in and for the 
State of South Carolina, or some other officer duly authorized by the laws of the 
United States, I will, in rebuttal, examine the within-named witnesses in relation 
to and touching the issues involved in above-mentioned case. Said examination to 
continue from day to day until completed. 

A. Hudson, Meeting street, Charleston, S. C.; J. M. Blossom, Ann street, Charleston, 
S. C.; W. H. Gibbs, Ashley avenue, Charleston, S. C.; A. T. Jennings, Meeting street, 
Charleston, S. C.; A. B. Summersett, Fred. Robinson, Mount Pleasant, S. C.: G. F. 
Puff, 371 Meeting street, Charleston, S. C.; Buchanan Maxwell, Mount Pleasant, S. C.; 
P. T. Richardson, Eight-Mile Store, near Charleston, S. C.; Henry Williams, Mount 
Pleasant. 

Geo. W. Murray, Contestant, 

By W. F. Myers, Attorney. 

April 2, 1897. 

I accept service of a copy of within notice to take testimony this 3d day of April, 
1897. 1 ' 

W. Turner Logan, 
Counsel for Contestee. 

To William Elliott, Contestee : 

You will take notice that the undersigned will, at 110 Church street, in the city of 
Charleston, S. C., at 9.30 o’clock a. m., on the 9th day of April, 1897, before H. W. 
Purvis, a notary public in and for the State of South Carolina, or some other officer 
authorized by the laws of the United States to take depositions in contested election 
cases, examine and take testimony of the witnesses whose names are hereto annexed 
in rebuttal to the testimony taken by William Elliott, contestee, in the above stated 
470 


MURRAY VS. ELLIOTT. 


471 


matter, and in refutation of the allegations contained in the contestee's reply to tlie 
notice of contest, and will continue said examination from day to day, until the same 
shall be completed: 

Moses Pinckney, Johns Island, S. C.; J. E. Thomas, 4 Smith street, Charleston, 
S. C.; Norris Higgins, Magazine street, Charleston, S. C.; Ed. Williams, Franklin 
street, Charleston, S. C.; H. Zinnerman, Edisto Island, South Carolina; Jas. Chap¬ 
lin, Edisto Island, South Carolina. 

W. F. Myers, 

Attorney for G. W. Murray , Contestant. 

April 5, 1897. 

I accept service of within notice to take testimony this 5th day of April, 1897. 

W. Turner Logan, 
Counsel for Contestee. 

First Congressional district of South Carolina. Geo. W. Murray, contestant, v. 

William Elliott, coutestee. 

To William Elliott, Contestee: 

ton will take notice that the undersigned will, at 110 Church street, in the city of 
Charleston, at 10 o’clock a. m., on the 5th day of April, 1897, before H. W. Purvis, a 
notary public in and for the State of South Carolina, or some other officer authorized 
by the laws of the United States to take depositions in contested election cases, 
examine, and take testimony of the witnesses, whose names are hereto annexed, in 
rebuttal to the testimony taken by William Elliott, contestee, in the above-stated 
matter: 

JOHN R. CUTHBERT, sworn: 

By W. F. Myers: 

(Counsel for contestee objects to the examination of all witnesses named in the 
notice of March 29, 1897, upon the ground that contestee's time for taking deposi¬ 
tions does not expire until the 6th day of April, 1897. 

Counsel for contestant states that time of contestant expired February 23, 1897; 
contestee’s time commenced February 24, 1897, which must necessarily bring his 
expiration to the close of April 4, 1897.) 

Q. State your name, age, and residence.—A. John R. Cuthbert; live first precinct, 
Ward 7, city of Charleston. 

Q. W. Hampton Smith, W. J. McMahan, and Win. Donalou, who were managers 
at your precinct, testify in behalf of contestee in this case that you, Cuthbert, with 
another colored man, a Republican, were invited in to witness the count; that every 
opportunity was given, and that you, Cuthbert, thanked them for courtesies; that 
you would take their names, and at the next Republican meeting would speak of the 
kind way you were treated by them. What have you to say in reference to this?— 
A. It is a deliberate falsehood from the beginning to the end, because I asked to be 
admitted in, and Smith—Wade Hampton Smith—appeared as willing to do so, and 
Wm. Donalon objected to it, and the rest acted with him. I did not witness the 
count; I only got to the side of the barricade near the door and looked in. 

Q. Who was with you?—A. W. II. Gibbs and J. M. Blossom were ail that I know 
of, but there was a large crowd there, and the managers’ backs was turned to me 
and I could not see anything, but hear the names called on the ticket. 

Q. How far were you from the managers?—A. There was a barricade between us. 
I suppose about four or five feet. 

Q. Did you see the tickets; if so, w'ere you enabled to distinguish the two as 
between Elliott and Murray?—A. I saw the tickets, but I could not distinguish 
them, as they were alike, unless I could have handled them, so as to have read them, 
it being dark, and having poor light (candles); and the wind was blowing, and I don’t 
know how they told themselves. 

Q. How do you mean they were alike?—A. They being the same size and color. 

Q. Are size and color of tickets required by any law in tins State? 

(Counsel for contestee objects to the above question on the ground that this wit¬ 
ness is not a lawyer, and if there is such a law it is not proper to prove it by this 
witness.) 

A. Yes, sir; by the statute law of South Carolina the size and color of the tickets 
must be of the same size and color. 

Q. These same managers deny that they had any instructions from Mr. Barnwell 
in reference to admitting witnesses during the count; what have you to say about 
that?—A. They told me so; they said I was there when Mr. Barnwell said so, and 
that I heard him say so, but I did not hear him say so. 

Q. Will you explain that portion of your testimony, taken on the direct examina¬ 
tion, where you are recorded as saying that you heard Mr. Barnwell when he told 
the managers not to admit anyone except the voter? 


472 


MURRAY VS. ELLIOTT. 


(Counsel for contestee objects upon the ground that it is not in rebuttal to any 
•question asked witnesses for contestee.) 

A. 1 said that the managers told me that Mr. Barnwell said that no one should go 
in the booth but the voters, and that I. .T. R. Cuthbert, heard, when Mr. Barnwell said 
so, the manager told me this; “this I quote from the managers, their language. 

Q. What was the conduct of the managers that day ? 

(Counsel for contestee objects, as it is entirely new matter, not in rebuttal.) 

A. They were very rowdy among themselves, drinking liquor, and abusing each 
•other as to their knowledge of the business; they even offered me some ot the liquor, 
but I refused. 

Q. What about your carrying a table and chair in there that day, and handling 
some of the tickets during the count?—A. I did not handle any tickets during the 
count; I was not near enough to do so; I had no table nor chair. 

Cross-examination: 

Q. How many managers, at that precinct, did you know?—A. I know all three ot 
i&hem, two by name; the third, I do not know his name. 

Q. What are the names of the two you know?—A. Wade Hampton Smith and 
Wm. Donalon. 

Q. Have you not been employed as constable for G. W. Murray during the present 
contest?—A. Not for Mr. Murray, but tor his counsel. 

Q. On your direct examination you did not testify anything about the conduct of 
■the managers of election, did you?—A. The question was uever asked me. 

Q. By whom are you employed now?—A. 1 work at stevedore work now. 

J. R. Cuthbert. 

Sworn to before me this 5th day of April, 1897. 

£l. s.] H. W. Purvis, Notary Public. 

JAMES RIVERS, Jr., sworn. 

By Mr. Myers : 

Q. Are you the same James Rivers, jr., who testitied in this case in behalf of the 
contestant?—A. Yes, sir. 

Q. William Aiker Kelley, city assessor, testifying in behalf of the contestee, said 
in substance, that you never paid the amount of tax or license you testitied to, nor 
did your father, James Rivers. That he did make assessment against your father 
and turn it over to the city treasurer and sheriff for collection; this testimony was 
given March 24, 1897. What have you to say about it further—that he did not know 
whether or not it had been paid?—A. Yes, sir; it was paid and here is the receipt. 

(Witness produces the receipt.) 

Q. Who is this receipt signed by?—A. Glenn E. Davis, city sheriff; the amount is 
$44.62, paid by James Rivers. 

Q. What connection have you with the business represented by this receipt?—A. 
I am a partner with James Rivers, my father; 1 attend to all of the business, paying 
cut all moneys, and make all collections. 

(Couusel for contestant submits the original receipt, that a certified copy may be 
placed on this record.) 

City Sheriff’s Office, 
Charleston, S. C., January 25, 1897. 

Received of James Rivers forty-four dollars, in full for executions of 1896, 
against him for licenses. 

$44.^%. Glenn E. Davis, City Sheriff. 

I hereby certify that the above is a correct copy of the original receipt submitted. 

[l. s.] H. W. Purvis, Notary Public. 

Q. Does this represent and include State and county taxes paid by your firm?—A. 
No, sir. 

Cross-examined: 

Q. On how much property do you pay taxes?—A. I have nothing to do with the 
real estate property; I don’t pay on any real estate. 

Q. On how much personal property do you pay taxes?—A. About $300 worth; not 
as an individual, but as a corporation. 

■Q. Do you pay any taxes in your own name?—A. No, sir; except poll tax. 

Q. What was the original amount of the license assessed against James Rivers?— 
A. About $35. 

Q. What is the name of your firm?—A. James Rivers &. Son. 

James Rivers, Jr. 

;Sworn to before me this 5th day of April, 1897. 

s -] H. W. Purvis, Notary Public. 


MURRAY VS. ELLIOTT. 


473 


H. G. PERRIN, sworn: 

By Mr. Myers : 

Q. Give your name, age, and residence.—A. H. G. Perrin; age, 40; live 65 Asley 
avenue. 

Q- Do you know J. W. Barnwell, esq., Democratic chairman for this county?—A. 
Yes, sir. 

Q. Did you see him on election day last? If so, where?—A. At precinct 2, Ward4. 

Q. Some of the Federal managers, testifying in behalf of the contestee, said Mr. 
Barnwell never gave them, “nor had he the right to.” any instructions on election 
day in reference to admitting anyone into the polling booth excepting the voter who 
went in to vote. Do you know anything about the truth of this?—A. Yes; I was 
present when Mr. J. W. Barnwell came along in his carriage, accompanied by others. 
He, Mr. Barnwell, went into the booth at the Federal box, and gave his orders to 
the managers at that poll to allow no one inside of the poll but the managers of the 
poll at that box; likewise turned to the officer, a policeman, No. 7, instructed him 
to allow no one inside of the booth or polling place to interfere or molest the man¬ 
agers while in discharge of their duty, and the officer, No. 7, did carry out his 
instructions, only admitting the managers at the polling place and friends of the 
Democratic party. No Republican was allowed to go inside the booth or polling 
place ; they were kept back by the policeman in charge. The policeman made the 
remark that the order issued by Mr. Barnwell, the Democratic chairman, he would 
carry out. At the close of the poll, at the required time, I, H. G. Perrin, Thomas 
Higgins, Eddie Williams, as friends of Mr. Murray’s, we asked for admittance of one 
representative for Mr. Murray’s interest at that poll to see the votes counted. They 
deliberately refused to allow anyone otherwise than the managers in there, as they 
said they had instructions; stated they had instructions not to allow anyone but the 
managers inside. I contended for the votes to be counted where the public could 
see them; that they refused to do; and then they proceeded to count the ballots. 
After the decision of the board of managers there at that poll, the policeman cleared 
back the crowd out of the booth as much as possible. About an hour before the 
time for closing the poll Mr. Barnwell returned to precinct 2, of Ward 4, in his car¬ 
riage, gave the same order to allow no one inside the booth or polling place except¬ 
ing those he named; and then he left the Federal poll, went over to the State box, 
and gave the same order to the managers there. He named the two men at the State 
box who he wanted to witness the count at that poll; those names are Mr. Frank 
O’Neil, ex-chief of the lire department, Mr. Mike Powers, both Democrats; and while 
at the Federal box, while the vote was in progress of being counted, two or three 
tickets, to my personal knowledge, with the Hon. George W. Murray’s name inscribed 
upon them, were torn up—thrown out; and when they counted the vote, I requested 
the managers, as much as possible, to compare the count with the poll list; and that 
they refused to do. Mr. Yincinct, one of the managers, said there was no use of it. 

Q. In reference to the exclusion, exceptions were made to those who went in to 
vote, I suppose?—A. Yes; they went in one at a time, some of whom voted and some 
were registered. 

Cross-examination: 

Q. Did you testify on your direct examination that you stood off and saw them 
counting the ballots, and that there was other colored men there besides vourself?— 
A. I did. 

Q. How close did you stand to the ballot box?—A. The distance was such that you 
could not tell anything bur that they were counting the votes, but as to the dis¬ 
tance itself I suppose it to be 8 or 10 feet or farther than that. 

Q. You were close enough to distinguish the Murray from the Elliott tickets, were 
you not?—A. I was when I had them picked up and handed to me during the couut. 

Q. Did the managers object to all colored men seeing the vote counted?— A. 
Decidedly so. 

Q. Do you know I. A. Miller, a witness who testified on the behalf of George W. 
Murray? * He is a ship carpenter; lives on Archedale street.—A. I don’t know any¬ 
thing about I. A. Miller. I do know John Miller, who, I think, is a ship carpenter. 

Q.°Do you know whether the Miller you know testified in this examination in 
behalf of George W. Murray?—A. I don’t know whether he has or not. 

Q. Do you know whether the Miller you are acquainted with witnessed affidavits 
on behalf of the Republican party in Ward 3, second precinct?—A. I do not know 
that he did. 

Q. I. A. Miller, a witness on behalf of G. W. Murray, testified that Clarence Levy, 
one of the managers to whom he applied to be allowed to see the couut, told him 
yes, and that the managers did not object to his seeing the count; lives at the sec¬ 
ond precinct of Ward 4. Do you believe that witness?—A. That is not true, with 

Levy. . . 

Q. Did you not testify in the previous contest between G. W. Murray and William 

Elliott ?—A. I did. 


474 


MURRAY VS. ELLIOTT. 


Q. What the witness, I. A. Miller, testified to, as it is in direct contradiction of 
what you have testified, is not true, is it?—A. I suppose it is true, whatever state¬ 
ment he gave, so far as he is concerned. 


H. G. Perkin. 

Sworn to before me this 5th day of April, 1897. 

[l. s.] H. W. Purvis, Notary Public. 

Adjourned at 2 p. m. April 5, 1897, to April 6, at 10 o’clock a. m. 

Pursuant to adjournment, the taking of depositions in rebuttal was resumed at 
110 Church street, city of Charleston, S. C., at 10 o’clock a. m., on above date, at 
which were present W. F. Myers, esq., representing contestant, and W. T. Logan, 
esq., representing eontestee. 

J. B. ABBOT, sworn: 

Q. Give your name, age, residence, and occupation.—A. J. B. Abbot; age, 54; 
live 19 Norman street, city of Charleston; a laborer. 

Q. Did you secure a registration certificate?—A. No, sir; I applied for one. 

Q. W. j. Mott, one of the supervisors of registration, testifying in behalf of the 
eontestee, said applicants who read were not asked to explain or pronounce. How 
did that apply to you when you went for a certificate?—A. I was asked to read and 
to explain. 

Q. Did you do it?—A. I did read, but did not explain, could not explain as they 
desired me to do. 

Q. Was there any other objection made by the supervisors of registration against 
you? If so, what was it?—A. The other objection, that I was not exempt from my 
poll tax, but I was; was exempt by Mr. Eason. I was over 50 years in 1894, the 
time I was exempt from tax. 

Q. Who was Air. Eason?—A. Mr. Eason is the tax collector. 

Q. Did you, besides your own statement, show Mr. Eason’s certificate to the super¬ 
visor of registration?—A. I did. 

(Counsel for contestant tiles the certificate of Mr. Eason, showing that the appli¬ 
cant was not liable for poll tax. Filed as Exhibit V.) 


Exhibit V.—H. W. Purvis, notary public. 


John B. Abbot was not liable for the poll tax for 1894. 

W. G. Eason, 


Sept. 12, 1896. 


Co. Auditor. 


Q. Were you ever in the Army?—A. I was; I volunteered in the United States 
Army—in the Union Army; served during the war; I become since that a member of 
the Grand Army of the Republic. 

Cross-examination: 

Q. What was the reason you were rejected from registration by the supervisors?— 
A. I did not pronounce to suit the supervisors. 

Q. Then you could not read; the supeiwisors asked you to explain?—A. He did 
ask me to explain. 

Q. And when you could not, they rejected you?—A. Yes, sir; they rejected me. 

Q. The reason then that you were rejected was that you could neither read nor 
explain?—A. No, sir; not in that; I read, but could not explain. 

Q. What was the reason you were rejected?—A. I could not explain. 

Q. Did you take any appeal from the action of the board of supervisors in reject¬ 
ing you?—A. I did not. 

Q. You say the reason you were rejected was because you could not explain, but 
that you read correctly. Will you read a section of the constitution for me? 

(Counsel for eontestee asks witness to read section 26 of article 1, “ Declaration of 
rights.” 

Witness refuses to read.) 

J. B. Abbott. 

Sworn to before me this 6th day of April, 1897. 

[l. s.j Id. W. Purvis, Notary Public. 


A. T. CLAUSS, sworn: 

Q. Give your name, age, residence, and occupation.—A. A. T. Clauss; age, 36; 
lives 90 Shepard street; a merchant. 

Q. The supervisors of registration for this county, testifying in the behalf of the 


MURRAY VS. ELLIOTT. 


475 


contestee, said iu substance that all applicants for registration were required to go 
before them, and that no partiality was shown to anybody. Did you know of any 
instance where this rule or policy was disregarded in the issuance or sending out of 
anj 1 registration certificates? 

(Counsel for contestee objects on the ground that this question is clearly not in 
rebuttal, and it is only intended to bring out new matter.) 

A. lliere was a young man in my employ as clerk who got his certificate through 
another party. This other party brought the certificate to my place, and I told him 
that would not do, as only one name was signed to it; he must have two. So he gave 
it back to this party, who brought it down and had the other name signed to it by a 
supervisor of registration, making it a legal certificate. Mr. Williams’s and Mr. Mott's 
names were signed to it. The clerk never went down to the office at all. The clerk 
in question is a white man. 

Q. Is lie a Democrat, a Republican, or a Reformer?—A. He never voted here before, 
so I can’t say how he voted. He voted in the country; he was from the country; 
this was before the last election; he has gone back in the country. 

Q. Supervisor of Registration V . J. Mott testified that there was no order given 
for the formation of two lines for white and colored applicants, and that the police 
was instructed to admit the applicants without regard to line. What is your per¬ 
sonal knowledge about this?—A. I was there, and they always had two lines, one for 
white and one for colored, and I was there nearly every day. 

Cross-examination: 

Q. Mr. Clauss, this man who got his registration certificate without appearing at 
the office of the board of supervisors of registration was in your employment, was 
he not?—A. Yes, sir. 

Q. You are a Republican, are you not?—A. Yes, sir. 

Q. You will not deny that this clerk voted the Republican ticket at the last elec¬ 
tion, will you?—A. He was not in my employ for over a month and a half before the 
election. I don’t know how he voted; I (lid not see him on the day of election; don’t 
know that he voted at all; only know he got the certificate. 

Q. What was the name of the party who brought the certificate to this clerk?— 
A. The party told me not to mention his name. 

Q. You refuse, then, to give the name of this party?—A. I refuse to give his name; 
1 promised the party not to mention his name. 

A. T. Clauss. 

Sworn to before me this 6th day of April, 1897. 

[l. s.] H. W. Purvis, Notary Public . 

H. L. SMALLS, sworn : 

Q. Give your name, age, residence, and occupation.—A. H. L. Smalls; age, 44; 
lives Ward 11, first precinct; a paper carrier. 

Q. Do you know J. A. Noland?—A. Yes, sir. 

Q. It has been testified to by J. Edmonds and M. Dillon, managers at Federal 
poll, Ward 5, precinct 2, that J. A. Noland never had any conversation in reference 
to a colored man whose name was not on the registration list. Will you state if 
Mr. Noland had any with managers iu reference to a voter, where at, and at what 
time? 

(Counsel for contestee objects on the ground that it is not proper to prove any 
conversation between Noland and the managers, but the witness known should 
be recalled to contradict the witnesses whose testimony has been quoted.) 

A. At, on the day of election, first precinct, Ward 11, the voter went in to vote and 
the managers refused to let him vote, said that his certificate was not right, and he 
came out, made an affidavit, and wdiile we were talking about it Mr. Noland came 
up, and 1 called his attention to it, and he went in to the mauagers, and after he came 
out he called Mr. Bennett and sent him in, and he voted. 

Q. Where was this at? Please state.—A. This occurred at the first precinct. 
Ward 11. 

Q. What is the name of the voter that J. A. Noland spoke to the managers about?— 
A. J. D. Bennett. 

Q. What was the difficulty with J. D. Bennett’s certificate?—A. The certificate 
was dated Ward 6; he does not live in that ward, he lives in Ward 11. 

Q. Was that certificate corrected through J. A. Noland’s efforts. If so, at what 
time and in what way?—A. Yes, sir; it was. On the day of the election it was cor¬ 
rected by the supervisors of registration by writing on the back of it. 

(Counsel for contestant submits the certificate of J. D. Bennett, and asks notary 
to make copy of the indorsement thereon.) 

“ This is an error of the board, as the sheet will show. This man is entitled to 


476 


MURRAY YS. ELLIOTT. 


vote in Ward 11, precinct 1, and not Ward 6, precinct 2. W. J. Mott, chairman; 
L. E. Williams, clerk/’ 

H. L. Smalls. 

Sworn to before me this 6th day of April, 1897. 

[l. s.] II. W. Purvis, Notary Public. 

Adjourned at 2 o’clock p. in., April 6, 1897, until April 7, 1897, at 10 a. m. 

Pursuant to adjournment, the taking of depositions was resumed in rebuttal at 
110 Church street, city of Charleston, S. C., on above date, at which were present: 
W. F. Myers, esq., representing contestant, and W. K Logan, esq., representing 
contestee. 

G. T. PUFF, sworn: 

By Mr. Myers : 

Q. Give your name, age, residence and occupation.—A. G. T. Puff; age, 29; live 
371 Meeting street; a brakeman on the South Carolina and Georgia Road. 

Q. Are you a registered voter?—A. Yes, sir. 

Q. Will you stare under what circumstances you got registered?—A. Previous to 
the Federal election, at the municipal, I got a registration certificate by telling the 
supervisor that if I had taken part in the primary 1 would not of had any trouble 
to get one; after telling him that, he said to call around later and see him, or go 
down and see Mr. Foster, who was tidal drain keeper: after explaining to Mr. Ros¬ 
ter the same as I did to the supervisor, he gave me a little note stating to give Mr. 
Puff a registration as he was all “ O. K;” that was about 5 o’clock p. m. on the Fri¬ 
day previous to the election, which was the municipal; I went to Mr. Williams’s 
house on Spring street, and got a registration without any trouble after presenting 
the note. 

Q. Is this the same L. G. Williams who is one of the supervisors for Charleston 
County?—A. Yes. 

Q. Did you ever apply for registration at the fireproof building?—A. Yes. 

Q. What are the circumstances attending that application; that is, as to tests?— 
A. None whatever; as I went in Mr. Williams and Mr. Mott recognized me, put the 
form of oath, if I was of age, etc., and gave me my registration without any other 
question. 

Q. Were you not required to show a poll-tax receipt?—A. I presented it; I never 
was asked for it. 

Q. Were you at the Federal poll in your precinct on election day?—A. I.was. 

Q. Did you or were you allowed to witness the count? If so, under what conditions? 

(Counsel for contestee objects to this question upon the grounds that it is not in 
rebuttal, and it is simply intended to bring out new matter.) 

A. I had to ask for permission, which was not allowed, until it was satisfactory 
between the four men behind the box. After permitting me inside the booth, they 
put me at a distance of about 4 or 5 feet from where they were counting the ballots. 
It was impossible for me to see who the ballots Avere for, as the names of the candi¬ 
dates were not exposed. I made an attempt to try and see, and I was called down 
by Mr. Roster, and was told that I must stand Avhere he first said. 

Q. Is there any similarity in tickets required to be A'oted in our elections?—A. 
They must be of the same size and color. 

Q. John G. Roster, one of the managers at your precinct, testifying on behalf of 
contestee, said: “ I called in two parties, one white and one colored man. The white 
man’s name was George Puff; the colored man, I can’t remember his name. These 
were allowed to come in and see the ballots counted, they standing right up to the 
table.” How far is this true as it relates to you?—A. There is not any of it true. 
There was no one called in. I had to apply, and had to wait to get the sanction of 
all the board. 

Q. Then your knowledge of the count depended only on what the managers called 
off?—A. Yes. 

Q. Do you know to what political party those managers belong, Republican or 
Demoerat?—A. They were Democrats. 

Cross-examination: 

Q. In whose employment are you now, Mr. Puff ?—A. I am about to start business 
for myself. 

Q. The registration certificate upon which you \mted in the last election was 
obtained by going to the office of the board of supervisors at the fireproof build¬ 
ing?—A. Yes. 

Q. In municipal politics you are known as a reformer in city politics?—A. No. 

Q. What club do you belong in your ward?—A. They have me on the regular roll 
in Ward 7. 



MURRAY VS ELLIOTT. 


477 


Q. You are a Republican, are you not?—A. Nationally, always was. If they did 
have Republicans through municipal elections, I would stand by them same as 1 do 
in national elections. 

Q. The registration certificate yon obtained by not going to the office of the board of 
supervisors was not under the new constitution, was it?—A. I don’t know. I got 
two from Williams, one at his house and one at his office. 

Q. The registration certificate that you obtained from Williams’s house was not the 
one upon which you voted in the Congressional election, was it?—A. No. 

Geo. T. Puff. 

Sworn to before me this 7tli day of April, 1897. 

[l. s.] H. W. Purvis, Notary Public. 

A. T. JENNINGS, sworn : 

Q. Give your name, age, residence, and occupation.—A. A. T. Jennings; age, 28; 
live 92 Queen; at the time of the election, 125 Meeting street; printer and stationer. 

Q. Were you at any time on election day last at your precinct 2, Ward 3?—A. I 
was there several times during the day. 

Q. What under yonr observation was the conduct of the managers at the Federal 
poll, or any of them, during that day, so far as it relates to a faithful discharge of 
their responsible duties? 

(Counsel for contestee objects upon the ground this question is not in rebuttal, 
and is simply in line with other questions asked by counsel for contestant to bring 
out new matter in this examination.) 

A. The only instance that came under my personal observation was that of seeing 
one of the managers, second precinct of Ward 3, late in the afternoon on the even¬ 
ing of the 3d of November, about 4 o’clock p. in., outside of the election booth, in 
a state of intoxication; about ten minutes later, on the same evening, I met the 
same gentleman in the same condition at the polling precinct at the corner of State 
and Coumberlain streets. The gentleman referred to is a Mr. McMillan, an electri¬ 
cian, whom I know well, at the corner of State and Coumberlain streets. I was con¬ 
versing and joking with him for some few minutes; I know this was not his polling 
precinct, for when I voted in the morning, at the corner of Market and Meeting 
streets, Mr. McMillan was in the Federal booth, in the capacity, I believe, as a 
manager. 

Q. How far is the poll you met him at from the poll at which he acted as manager ?— 
A. It is three blocks. 

Cross-examination: 

Q. Are you certain that McMillan was one of the managers at Ward 3, second 
precinct?—A. He was either a manager or a clerk. I have made no inquiry as to 
what official capacity he acted in the booth, but presumed that he was there in an 
official capacity from the fact that he was in the Federal booth behind the boxes in 
the morning when I voted and several times during the day when I happened to 
look in. 

Q. Were not the managers at that precinct Mr. Winston, Mr. Levy, and Mr. Thomas? 
They were so testified to be by H. G. Perrin, a witness on behalf of Mr. Murray.— 
A. The only manager that I kuew personally was Mr. Clarence -Levy, who swore me 
when I voted. 

Q. Are you not a candidate for the position of collector of port of Charleston?—A. 
I am an applicant. 

A. T. Jennings. 

Sworn to before me this 7th day of April, 1897. 

[l. s.] H. W. Purvis, Notary Public. 

AARON LOGAN, sworn: 

By Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. Aaron Logan; age 55; 
live in the Parish of St. Thomas, in Berkeley County; a farmer. 

Q. Were you at Muster House the day fixed for the registration of voters there?— 
A. I was. 

Q. A. R. Dennis, one of the supervisors for registration for Berkeley, said, in 
testifying in this case, that about nine or ten voters were rejected at Muster House 
on that day. Is that statement correct? If not, tell what you know about the reg¬ 
istration.—A. The statement is not correct; there was about forty colored men who 
were rejected, who could read and write, that day. We were there only once; 
about the 16th of June, 1896; the supervisor was only there once; we heard of his 
coming by the merest accident, it being published, I understand, in some out-of-the- 
way paper that no one subscribed to; that is, in that parish. Upon hearing it I noti¬ 
fied none but those who could read and write to come; when the supervisor left 


478 


MURRAY VS. ELLIOTT. 


there it was about 12 o’clock in the day, and a great many of the voters came after 
he had left, to register. 

Q. How many of the three supervisors of registration attended at Muster House 
that day?—A. There was a gentleman by the name of Mr. Harvey there; I don’t 
know whether he was supervisor or not; the only one 1 knew was Mr. Dennis; Mr. 
Harvey came with him; they came together and left together. 

Q. Were any white citizens registered there that day? If so, what was the tests 
applied to them?—A. Two, and no tests were applied to them; Mr. Dennis merely 
registered them; gave them their certificates; no test was applied; Mr. Combee, I 
understand, can’t read; lie and Mr. Dutart were the two registered. 

Q. Do you know W. H. Keith ? If so, were you present when he applied for a regis¬ 
tration certificate?—A. I do know him and was present when he applied for a 
registration certificate. 

Q. Supervisor Dennis testified that he did not interrupt or interfere with W. H. 
Keith, as he (Keith) testified, while reading the section of the constitution given to 
him by the supervisor. Now, did he (Dennis) tell him to hurry up and go on? Do 
yon know anything about the incident as testified to by Keith? 

(Counsel for contestee objects to this question upon the grounds that it is not 
proper to prove what took place between Mr. Dennis and Mr. Keith by this witness, 
hut that Keith himself should be called.) 

A. I was present when Keith presented himself to be registered. Mr. Dennis did 
interrupt not only him, but many others. He interrupted in almost every instance; 
made it a regular rule. 

Q. Did those who were regularly appointed managers open the Federal poll at 
Muster House on November 3, election day?—A. They did not. 

Q. Well, what was done after they failed to open the poll that day?—A. Mr. 
Jolly, one of the regular managers, swore me in to assist him that day. There was 
six registered voters there that day and we voted them; that is, under the new con¬ 
stitution they were registered. 

Q. For what candidate was those six votes returned by you as managers?—A. 
For G. W. Murray. 

Q. To whom did you make returns?—A. To the commissioners of election at 
Moncks Corners. 

Q. Who carried the returns?—A. Mr. Jolly, one of the managers. 

Q. Did Mr. Jolly and you sign those returns as managers?- A. We did. 

Q. What is Mr. Jolly in politics, a Democrat or Republican?—A. I am almost 
certain he is a Democrat, as they don’t appoint any Republicans in Berkeley 
County. I don’t know that he is a Democrat. 

Cross-examination: 

Q. Are you a Republican and a colored man?—A. Yes. 

Q. You were a manager at Muster House polling precinct?—A. I was. 

Q. Which one of the managers of election was present at the time that the poll 
was opened?—A. I have forgotten his initials, but his name is Mr. Jolly. 

Aaron Logan. 

Sworn to before me this 7th day of April, 1897. 

[l. 8.] H. W. Purvis, Notary Public. 

Took a recess at 12 m. until 5 o’clock p. in., April 7, 1897. 

H. W. Purvis, Notary Public. 

R. B. WALLACE, sworn: 

Examined by Mr. Myers : 

Q. Give your age, residence, and occupation.—A. R. B. Wallace; age, 27; live 72 
George street; a printer. 

Q. Were you at any of the polling places on election day last?—A. I was at 
Market street at the Federal poll for precinct 2, Ward 3. 

Q. State, if yon know, what was the conduct of the election officers or manao-ers 
at that poll ? ® 

(Counsel for contestee objects, upon the ground that no witnesses have been 
examined in relation to Ward 3, precinct 2, and therefore this question is not in 
rebuttal, but intended to bring out new matter, and not give counsel for contestee 
the right of reply.) 

A. Well, I know personally that all of the managers at this Federal poll were 
drinking more or less, and the conduct of one of them was certainly of an intoxi¬ 
cated man. 1 myself drank with them on two occasions. 

Q. Where did the drinking take place?—A. In the booth. 

Q. Did any citizen appear at any time and offer to vote without the required 
evidences ot qualification? If so, what was the conduct of the managers in relation 


MURRAY VS. ELLIOTT. 


479 


thereto?—A. Yes; one, to my knowledge; I had been invited into the booth by one 
of the managers, and while I was there Chief Marginhoff, of the iire department, 
came in, and upon his appearance Mr. Clarence Levy, one of the managers, said here 
comes our chief. Mr. Marginhotf was fumbling in his pockets, and said I have left 
my certificate on my desk. Mr. Levy said that is all right, we know that you have 
got it. Mr. Levy appeared to be willing to vote Mr. Marginhotf without his showing 
the required proof of his citizenship; then Mr. Marginhotf said no; I will go back 
and get it; he then left the booth and returned in about a half hour, reentered the 
booth; in the meantime I had left the booth, was on the outside, and did not see 
what then transpired inside the booth. 

Q. You are a native white citizen, are you not?—A. I am of the manner born. 

Cross-examination: 

Q. You are a Republican, are you not?—A. Yes, sir. 

Q. Are you not in the employment of Mr. A. T. Jennings, the witness who has tes¬ 
tified on the behalf of G. W. Murray?—A. I am not. 

Q. Have you ever been engaged in business with him at all?—A. Notin the proper 
sense of the word. I have not. 

Q. Do I understand by that that you have never been connected in business with 
Mr. Jennings?—A. You can understand by that I have never been in business with 
Mr. Jennings, nor been engaged in business with him, but have been employed by 
him. 

Q. Did you have free access to the voting booth concerning which you have tes¬ 
tified?—A. No; I did not have free access, but was invited in, as I have stated before. 

Q. How many times did you drink with the managers?—A. Three times. 

R. B. Wallace. 

Sworn to before me this 7th day of April, 1897. 

[l. s. ] H. W. Purvis, Notary Public. 

Adjourned at 6 p. m. April 7, 1897, until April 8 at 10 a. m., 1897. 

H. W. Purvis, Notary Public. 

Charleston, S. C., April 8, 1897. 

Pursuant to adjournment, the taking of depositions was resumed at 110 Church 

street, Charleston, S. C., at - o’clock this day, at which were present W. F. 

Myers, esq., representing contestant, and W. T. Logau, esq., representing contestee. 

Adjourned at 1 p. m. April 8, 1897, to 10 a. m. April 9, 1897. 

H. W. Purvis, Notary Public. 

Pursuant to adjournment, the taking of depositions in rebuttal was resumed at 
110 Church street, in the city of Charleston, on above date, at which were present 
W. F. Myers, esq., representing contestant, and W. T. Logau, esq., representing 
contestee. 

M. H. PERRY, sworn: 

Examined by Mr. Myers: 

Q. Give your name, age, residence, and occupation.—A. M. H. Perry; age, 42; live 
at Jacksonboro, Colleton County; a farmer. 

Q. Where were you on election day, the 3d of November last, and what were you 
doing there?—A. I was at Jacksonboro, at the Federal booth, taking the names of 
rejected voters—those who ottered to vote for Mr. Murray. 

Q. S. P. Johnson, one of the managers at the Federal box at Jacksonboro, testi¬ 
fying in behalf of Mr. Elliott, said he did not hear any affidavits read to anyone 
who were rejected; if such had been read on the inside of the house it seems I would 
have heard it; 1 think that Robert Glover and Tom Grant were the parties doing 
the writing. Will you state whether or not the affidavits were read to or by any of 
the rejected voters that day?—A. They were read by them; when they came inside 
the booth they went to the managers and attempted to vote, and said if they were 
permitted to vote they would have voted for the Hon. G. W. Murray for Congress. 
The managers said, “Have you a tax receipt and a registration certificate, or you 
can’t vote here.” They then turned to me, and I took their names to the affidavits; 
they were read to them. 

Q. Where did the taking of these affidavits occur ?—A. In the election booth. 

Q. J. I. Garvin, another of the managers at Jacksonboro, testifying in behalf of 
the contestee, says at the time those who were rejected offered to vote they did not 
say that they wished to vote for Murray; they made some such statement when they 
turned off and went to the place where they were taking down the names; I don’t 
know what they were signing or doing. Will you state whether or not these 



480 


MURRAY VS. ELLIOTT. 


rejected voters declared that they wanted to vote for Murray? If so, in whose pres¬ 
ence did they make these declarations?—A. Yes, sir; they did make these declara¬ 
tions in the presence of the three Federal managers. 

Q. How do you know this?—A. I was right inside the election booth—about 6 feet 
from the managers. 

Q. Were you in a position to see and hear all that transpired in the election booth?— 
A. The writing was the signing of the affidavits of the rejected voters. 

Q. What part did you have in the writing of those affidavits ?—A. I was a witness 
to them. 

Q. Could you identify them if you was to see them?—A. Yes, sir. 

Q. What are these? 

[Counsel handing witness package of papers.] 

A. They are affidavits signed by the rejected voters at Jacksonboro and witnessed 
by me. 

Q. How many of them are they?—A. One hundred and ninety-nine. 

(Counsel tiles in evidence the 199 affidavits as Exhibit C. 

Counsel for contestee objects to the introduction of these affidavits upon the 
grounds, first, that the affiants themselves are the proper persons to testify and 
should be called as witnesses; second, because the affidavits are not in response to 
any of the allegations in the notice of contest; third, that by this method of proceed¬ 
ing contestee is deprived of the right of cross-examination; and further, they do not 
come from the custody of the notary, and are not in rebuttal of any testimony put 
in by the contestee.) 

Cross-examination: 

Q. Is it a regular custom for voters in South Carolina to state for whom they intend 
to vote as soon as they enter the election booth?—A. Yes. 

Q. You say it is a regular custom. Will you state for whom each voter whose 
name is not sigued to the affidavits stated he wished to vote?—A. They never stated, 
as they were never requested. 

Q. As I understand you, then, each of those parties were requested to state for 
whom he wished to vote?—A. They were asked who they wanted to vote for. 

Q. Who read over the affidavits that you have testified as having witnessed?—A. 

I read them over. 

Q. You are a Republican and a colored man; and yet you were allowed in the 
election booth, close enough to hear and see all that transpired between the voters 
and the managers.—A. I was admitted there by the managers. 

Q. How long did you remain standing 6 feet from the managers?—A. At the open¬ 
ing of the poll until it closed. 

Q. Was the notary public also allowed inside the booth?—A. Yes, sir. I did not 
at first, understand the question. He was not allowed; there was none there. 

Q. These affidavits, then, were not read over to the voters in the presence of the 
notary?—A. No, sir. 

Q. Did each one of these 199 rejected voters have the affidavits read over to 
them?—A. Yes, sir; they did. 

Q. None of these, then, read the affidavits themselves?—A. All those that could 
read. 

Q. About how long did it take you to read over an affidavit?—A. About two min¬ 
utes. 

Q. You were, then, a little over four hours reading affidavits?—A. Yes, sir. 

Q. Did these applicants come up to you when they were refused to be allowed to 
vote?—A. They did. 

Q. They were standing between the managers and yourself?—A. Yes. 

Q. According to your statement, then, there was 199 applicants who stood between 
you and the managers during the course of the day?—A. Yes, sir. 

Redirect: 

Q. Were the rejected voters acquainted with or had any knowledge of the affida¬ 
vits before election morning?—A. They did. 

Q. In reading affidavits, did you read to each individual or at times did you not 
have a bunch of them to read to ?—A. At times a bunch of them were read to. 

Q. How did you read to them in a bunch? Tell how it was done.—A. Sometimes 
four or five would come up, I read the affidavits to them; sometimes they passed 
one, for one. 

Recross-examination: 

Q. As I understood you, when four or five applicants who had been rejected from 
voting would come up, you would read these affidavits to them singly?—A. No. 

Q. Out of the five, then, one had the affidavit read over to him?—A. No; I read it 
sometimes to four, sometimes to one as one passed; then the four would pass out; 
then the bunch. 


MURRAY VS. ELLIOTT. 481 

Q. As I understand you, then, the affidavits were read over to all the rejected 
voters?—A. Yes. 

M. H. Perry. 

Sworn to before me this 9th day of April, 1897. 

H. W. Purvis, Notary Public, [l. s.] 

Exhibit C. 

Blank No. 1. 

State of South Carolina, Colleton County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct Jacksonboro, and legally qualified to register and vote therein, did, 
on this, the .Id day of November, 1896, present himself at the said voting precinct 
to vote for Geo. W. Murray, the Republican candidate for Congress in the First dis¬ 
trict of said State, desiring and intending to vote for the said Geo. W. Murray, and, 
upon his attempting to so vote, was denied the right to so vote, and his vote thus 
offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration, under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and he further states that if he had been permitted to register and to 
vote at said election, he would have voted for Geo. W. Murray, the Republican can¬ 
didate for Congress in said district. 

And the undersigned further states that he is qualified even under the present 
constitution, as he can read and w'rite, as evidenced by the fact that he signs this in 
his own handwriting. 

Ben. Powell. 

Witness: M. H. Perry. 

Personally appeared Ben. Powell and made oath that the above statement is correct. 

[seal.] FI. W. Purvis, Notary Public. 

Jacksonboro, S. C., January 12, 1897. 

[F'orty-three affidavits, same as above, signed and witnessed, filed with this 
exhibit.] 


Blank No. 2. 

State of South Carolina, Colleton County: 

This certifies that the undersigned, being over the age of 21, male resident of the 
voting precinct Jacksonboro, and legally qualified to register and vote therein, did, 
on this the 3d day of November, 1896, present himself at the said voting precinct to 
vote for George W. Murray, the Republican candidate for Congress in the First 
district of said State, desiring and intending to vote for the said George W. Murray, 
and, upon his attempting to so vote, was denied the right to so vote, and his vote 
thus offered to the proper officers was rejected. 

And the undersigned further states that prior to such an attempt to vote, and as 
required by statute, he had applied for registration under the laws of South Caro¬ 
lina, being entitled to such registration, but had been refused and denied the right 
to register; and further states that if he had been permitted to register and to vote 
at said election he would have voted for the said George W. Murray, the Republican 
candidate for Congress in said district. 

Adam (his x mark) Middellon. 

Witness: M. FI. Perry. 

Personally appeared Adam Middellon and made oath that the above statement is 
correct. 

[seal.] H W. Purvis, Notary Public. 

Jacksonboro, S. C., January 12, 1897. 

[One hundred and fifty-four affidavits, same as above, signed and witnessed, filed 
with this exhibit.] 

Pursuant to adjournment, the taking of depositions in rebuttal was resumed at 
110 Church street, city of Charleston, S. C., at 11 o’clock a. in., at which was present 
W. F. Myers, esq., representing contestant, and W. T. Logan, esq., representing 
contestee. 

Counsel for contestant, as an additional statement in reference to the qualification 
of S. M. Brown, notary public, submits his commission, showing evidence of record 

17745 - 31 



482 


MURRAY VS. ELLIOTT. 


in the office of clerk of court, which indorsement reads as follows: “Enrolled 6tli of 
March, 1895, Tlieo. G. Boag, C. C. P. & G. S.” Date of said commission, December 
28, 1894, signed by John Gary Evans, governor. 

NORRIS HIGGINS, sworn : 

Q. Give your name, age, residence, and occupation.—A. Norris Higgins; age, 64; 
lives No. 5 Magazine street, Charleston; cabinetmaker. 

Q. Where were you on election day, 3d of November last?—A. I was at the poll 
on Smith street, second precinct of Ward 4, at the Federal poll. 

Q. Did you witness the count of the votes? If not, state the circumstances of 
refusal or denial. 

(Counsel for contestee objects on the ground that this question is not in rebuttal 
as no charges were made during the examination in chief of witnesses for Congress¬ 
man Murray and is only asked at this time to prevent contestee from refuting it.) 

A. I did not witness the count; was frankly refused by the managers, as that was 
the orders they had—to allow none but the managers in the poll; that is what they 
said, and the votes were counted with half-closed doors. 

Q. After this refusal, did you or any of Mr. Murray’s friends make an effort to see 
the counting?—A. We did; three of us went in the yard and Mr. Vincent called a 
policeman and put us out of the yard. One of those with me was Josiah Johnson, 
who lives in the yard; the place was hired from him. 

Q. Who was Mr. Vincent?—A. One of the managers of election. 

Q. Did you at any time during the day hand a Murray ticket to any voter in the 
booth? If so, just state the circumstances.—A. I did; to Mr. Streat, who lives on 
the west end of Broad street; came there with an old registration paper, stating to 
the managers he had left his new one at home; had forgotten it; the managers then 
agreed to let him vote; he then returned to me for a Murray ticket and one for the 
President, and when he turned back to the box the managers frankly refused to let 
him vote. He then went off, saying it was immaterial to him, and did not vote 
at all. 

Q. Were the managers in a position, and did they see and hear the conversation 
between you and Mr. Streat?—A. They were near enough to hear; he did not even 
come out of the booth; he just turned around and I handed the tickets in to him. 

Q. Did the managers know that you were distributing the Murray tickets?—A. 
Yes; they did; because Mr. Levy, one of the managers, told me if I did not stop 
instructing the people what box to vote in he would have me locked up; Allando 
Levy. 

Cross-examination: 

Q. How far were you stationed from the entrance of the barricade leading into 
ballot boxes?—A. About 7-J feet. 

Q. About how far does that barricade extend from the booth to the end of the 
sidewalk?—A. About 6 feet; but I was standing about 3 feet from the booth, near 
enough that I could reach either of the managers with my hand. 

Q. Could you see into the room while the count of the ballots was being made?— 
A. There was no room, it was in a gateway. I could see in from the outside where 
I was standing. 

Q. They counted them out in the open air?—A. There was a shed over the gateway 
where they were standing, but no sides to the shed. 

Q. Anybody standing in the yard could see the count of the ballots?—A. They 
could if there was, but they were rejected by the managers. They call the police¬ 
man and had them put out. 

Q. Will you swear that you was not close enough to the ballot box not only to see 
the count of the ballots, but all around the ballot box and in the yard?—A. I can 
swear that I was not close enough to see, as the door was half closed. I could only 
see through the cracks. After the policeman put me out of the yard, I came out 
and sat on the sidewalk, on the outside of the sidewalk. I could see the men in 
there counting. I did not wished to be hit on the head with the policeman’s club, 
as he drew it. 

Q. You have just sworn that you could not see what went on in the yard and around 
the ballot boxes as you were too far off. Now, do you swear, although according 
to your own statement you were too far off to see, was there any colored men who 
witnessed that count?—A. No; there was none. 

Norris (his x mark) Higgins. 

Sworn to before me this 10th day of April, 1897. 

H. W. Purvis, Notary Public, [l. s.] 

Adjourned April 10, 1897, at 12 m., to April 12, 1897, at 10 o’clock a. m. 

H. W. Purvis, Notary Public. 


MURRAY VS. ELLIOTT. 


483 


^ Pursuant to adjournment, the taking of depositions in rebuttal was resumed at 110 
Church street, city of Charleston, S. C., on above date, at which was present W. F. 
Myers, esq., representing contestant, and W. T. Logan, esq., representing contestee. 


ALBERT HUDSON, sworn: 

Examined by Mr. Myers : 

Q. Give your name, age, residence, and occupation.—A. Albert Hudson; age, 50; 
at present I live in Charleston, S. C.; a farmer. 

Q. \\ here were you election day, 3d of November last?—A. I was at Mount Pleas¬ 
ant precinct at the Federal box. 

Q. H. W. Hendrix, one of the managers at that poll, testifying in behalf of the 
contestee in this case, said that a the counting of the votes was in public, doors and 
windows being open, that I (Hendricks) assisted, myself, in the count, and everybody 
was perfectly satisfied.’’ How far does this statement accord with your knowledge of 
the facts as to the free and open count?—A. During the time of the counting of the 
votes the door on the street was closed to everybody—those on the outside—before the 
polls closed. Just about the time they were to close I. Maxwell came to me and 
said they are about to close the polls; I told him that himself and Summersill had 
better get in to see the votes counted. So he went there and in a few minutes he 
came back and said they ran him out; I said to him then the best thing for us to do 
is get the affidavits over to the city which we had taken that day; in regards to the 
shutting out by the closing of the door, it was shutting out the Republicans. I make 
this statement of mv own knowledge. I presume that the Republicans were shut 
out, as all the Democrats were on the inside. 

Q. What position does H. W. Hendricks hold?—A. He was a manager at that poll; 
he is acting, I think, as a deputy sheriff over there; at least he claimed himself as 
such at the town election. 

Q. Is the sheriff Democrat or Republican?—A. More than I can say. 

Q. Did you have any difficulty in getting a registration certificate? In other 
words, what were the tests put to you?—A. I was asked for a poll-tax receipt, and 
1 told them I was 50 years of age, and that I was a Confederate soldier and would 
not need any: they said yes, I would have to get one for the past year; I told them 
I would see about it and came out to get one, so they wrote off my certificate after I 
came out. I thought it was an advantage taken of me, and I would not go back for 
it; a few days afterwards I payed my poll tax and went back and got my certificate; 
there was no other test, being not required to read or explain. 

Q. Did they have separate lines?—A. They had two lines at the registration office 
for white and colored; distinct lines; the line from which 1 went in there was only 
two ahead of me—two persons; on the other line I suppose there was forty or fifty— 
the colored line. 

Q. Have you any knowledge about a conversation between Messrs. Hendricks and 
Freeman in regard to the latter’s registration certificate? 

(Counsel for contestee objects upon the ground that this question is not in rebuttal 
and is only asked at this time to prevent contestee from refuting or explaining it.) 

A. The night before the election Mr. Freeman said he did not know whether he 
had a registration certificate or not. Mr. Hendricks said yes, you have one. He 
did not state who had it. 

Cross-examination: 

Q. You have stated that the door opening on the street of the voting booth was 
closed. Will you state whether the windows and the back door were not opened?— 
A. I did not go on the back of the booth to see whether it was open or not. I 
thought the front door the proper one to be open; as to the windows, they would 
be of no benefit, as the crowd was such no one could see. 

Q. Will you swear that you were not able to see the managers counting the bal- 
lots?—A. After they refused the parties I sent I did not ask them; I could not see 
them counted from the street where I was standing. 

Q. You have sworn, now, that you could not see the count of the ballots from 
where you were standing.—A. Because the door was closed and I was on the outside. 

Q. As you were on the outside and could not see into the booth, now will you 
swear that you could see that no Republicans watched the count?—A. The news 
was brought to me that the Republicans were run out of the house. 

Q. You could not see, then, whether any Republicans or colored people witnessed 
the count or not?—A. I asked the marshal who told him to run the Republicans 
out; he said I don’t know who told me; I ran them out; this was on yesterday; I 
asked him; I could not see through the house; if the doors had been opened I might 
have seen. 


484 


MURRAY VS. ELLIOTT. 


Q. Do you know bow many persons witnessed the count of the ballots?—A. I do 
not. 


A. Hudson. 


Sworn to before me, this 12th day of April, 1897. 

[l. s.] H. W. Purvis, Notary Public. 


J. B. MAXWELL, sworn: 

Q. Give your name, age, residence, and occupation.—A. J. B. Maxwell; age, 40; 
lives on Christ Church, near Mount Pleasant; a farmer. 

Q. Where were you on election day, 3d of November, last ?—A. I was at the Federal 
polling precinct at Mount Pleasant. 

Q. Were you, or any other Republican, permitted to witness the counting of the 
votes?—A. No, sir; notone. 

Q. Did you try, or make application or effort, to witness the count?—A. We did 
try, and was rejected by the managers; even I, myself, went into the yard; I asked 
the managers to let me in to witness the count, and they said no; you can’t come in; 
they slammed the windows in our faces, but they let as many Democrats in as wanted 
to go in, even invited some to come in. Every window or door that we could look 
in was closed against us. After we went on the street the managers instructed the 
marshal—the town marshal—to run us away from the polling precinct, and we went 
off', but not too far that we could not see who went in and out 

Q. What yard was it, and what was your object of going into the yard, and what 
occurred there?—A. The yard was one of the building that the election was being 
held in, and our object was to see if we could not get a glimpse at what was being 
done by the managers; that was the time they drove us out. 

Q. Of what political party was those managers?—A. All were Democrats—every 
one of them; and our own party had not the slightest show at that election at 
that precinct. 

Cross-examination: 

Q. Will you swear that that house was so closed up that you could not see what 
went on inside?—A. Yes, sir; I will swear to that all the time; they know it them¬ 
selves. 

Q. Will you swear that you could see that there was no Republicans or no colored 
men who witnessed the count?—A. 1 will swear to that, too; that there was no col¬ 
ored man or no Republican who witnessed that count. 

J. B. Maxwell. 

Sworn to before me, this 12th day of April, 1897. 

[l. s.J H. W. Purvis, Notary Public. 


F. ROBINSON, sworn: 

Q. Give your name, age, residence, and occupation.—A. F. Robinson; age, 55; 
live on Mount Pleasant, S. C.; brick mason. 

Q. Where were you on last election day, 3d of November ?—A. I was right at the 
front of the door where the Federal election was held that day. 

Q. Did you witness the count?—A. After the poll was opened I was the second 
person who went up to vote. I handed my registration paper and they asked me for 
my tax receipt. I said I had it not with me. Said you could not vote until you get 
it. I went off to my home and got it; returned. I showed it to them and they let 
me vote. I did not witness the count. When the managers said the time was out, 
they closed the front door, which was on the street. Then the people rushed to the 
back door in the yard, through the big gate. Maxwell rapped at the door and asked 
them to let him in. They said, “No, you can’t come in.” After that the marshal 
was instructed by the managers to clear the yard. With that I got disgusted; saw 
that there was no chance for us as Republicans; went off. 

Q. Were any persons admitted to witness the count? If so, who?—A. Yes; they 
allowed white men, but no colored. I saw Mr. Venning go in. I got disgusted and 
came off. 

Q. Were you personally acquainted with the white men who were admitted? If 
so, who were they?—A. I am. I have lived in the place forty-odd years. To my 
belief they are Democrats. 1 never saw them associate with Republicans in politics. 

Cross-examination: 

Q. Could you see into the house where the ballots were counted while the count 
was going on?—A. I could not see into the house, as they would not admit any 
Republicans. 

Q. Do you know H. W. Hendricks? If so, how long have you known him?—A. I 
have known him ever since he was captain of the police force in this city; about 
fifteen or twenty years. 


MURRAY YS. ELLIOTT. 4-S5 

Q. Y hat is he generally considered, a Republican or Democrat?—A. He has been 
considered by the Republicans as a Republican. 

F. Robinson. 

Sworn to before me this 12th day of April, 1897. 

H. W. Purvis, Notary Public. 

H. B. WILLIAMS, sworn: 

Q. Give your name, age, residence, and occupation.—A. II. B. Williams; age, 41; 
lives on Mount Pleasant, S. C.; a barber. 

Q. Where were you on election day, 3d of November last?—A. At the Federal poll 
at Mount Pleasant precinct. 

Q. Did you or were you permitted to witness the counting of the votes that day?— 
A. I did not witness the count; by being a Republican I was rejected from witness¬ 
ing the count. 

Q. Tell who objected, and all the circumstances of the objection.—A. I was 
objected by the board of managers; we tried lirst to get Maxwell and Summersell to 
witness the count. The managers, 1 1. W. Hendrix, deputy sheriff, and his son-in-law, 
Warren Hamlin, another manager, they said it was no place for us, when I tried to 
get in, and they closed the door in front. After closing the door on the front they 
asked white men, who are Democrats, to come in and witness the count. Then we 
went into the yard to the back door, and I tried to go in with Maxwell, and the man¬ 
agers drove us out of the yard, aud I refused to go; he, Warren Hamlin, town warden 
and one of the managers, called on the town marshal to clear the yard, and then 
Hendricks, a manager, said you have got more trouble with the niggers than any¬ 
body else; put them out; then we rushed out on the street; the town marshal was 
ordered to move us from in front of the building where the vote was being counted. 

Q. By whom is Captain Hendricks employed ?—A. By Hugh Furgerson, sheriff' of 
Charleston County, a Democrat. 

Q. How is the Republicanism of H. W. Hendricks regarded by your party?—A. 
By the Republican party, Captain Hendricks is regarded as a Republican, when 
there is a chance to obtain office under the Republicans. 

Q. Has he ever by counsel or action aided the Republican party in any way?—A. 
I regard him as the bitterest enemy the Republicans had at that polliug precinct 
that day; by no means does he aid or assist the Republicans, whatever. I am chair¬ 
man of the precinct of Mount Pleasant, and he has at no time attended any meet¬ 
ings under me, nor gave any encouragement whatever. I desire to state why I regard 
him the bitterest enemy; lie tried to get men who are Republicans, if they could not 
vote for Elliott, vote for Cohen, and he said that to men in my presence, and he was 
working for the Democrat county ticket right along. 

Cross-examination: 

Q. Could you see into the house where the votes were counted while the count was 
going on?—A. I could not. 

Q. You could not have seen then whether there were any Republicans or not who 
witnessed the count?—A. There was none in there; I could not see in the house, and 
could not see that any was in there. 

H. B. Willis. 

Sworn to before me this 12th day of April, 1897. 

[l. s.] H. W. Purvis, Notary Public. 

Took a recess at 2 o’clock p. m. to 5 p. m. April 12, 1897. 

E. F. MILAN, sworn: 

Q. Give your name, age, residence, and occupation.—A. E. F. Milan; age, 50; lives 
King street, South Carolina ; dealer in cattle. 

Q. Did you know a citizen of this city by the name of James Ready?—A. Yes, sir. 

Q. Mr. Ready, in his testimony in liehalf of contestee, said that he was told by 
some of the Tillmanites that the eff ort was being made to register the colored voters as 
they, the Tillmanites, expected or hoped to control them. YV hen asked who told him 
this he said Edward Milan, a resident of King street. What have you to say about 
this statement?—A. It is untrue. I never had any conversation about this past elec¬ 
tion in my life with Mr. Ready. 

Q. Have you any knowledge of such plans or intentions? Did you ever express 
them to anybody on King street?—A. I have no knowledge of any such plans, nor 
ever expressed them to anyone. 

Q. Mr. Milan, have you ever held any position in this State before or during the 
election? If so, what were they?—A. I held the position before the election of trial 
justice; during the election I was clerk of the board of State election commissioners; 
I had nothing to do with the Federal commissioners at all. 


486 


MURRAY VS. ELLIOTT. 


Q. Have you been to Greenville in recent years?—A. I have not been to Greenville 
in ten years. 

Q. You are a well-known citizen of this county, are you not?—A. I should judge 
so; I know many people here; they all know me. 

Cross-examination: 

Q. Is it possible that you might of had such a conversation as that quoted, as 
being testified to by Mr. Ready, and not recollect, it?—A. No; if it had of been I 
would of certainly of known it. 

Q. Do you ever visit in Spartenburg?—A. Yes; I visited there for the past fifteen 
years every year; in fact, live there every summer with my entire family. 

Q. Spartenburg is near Greenville, is it not?—A. Yes; I think within thirty miles. 

Q. You are allied with that faction of the Democratic party known locally as the 
Tillmanite faction, are you not?—A. No, sir; I am allied with those known as the 
reform party—the reform faction. 

E« F. Milan. 

Sworn to before me this 12th day of April, 1897. 

[l. s.] H. W. Purvis, Notary Public. 

Adjourned at 5.30 p. m. April 12, to 10 a. m. April 13, 1897. 

H. W. Purvis, Notary Public. 

State of South Carolina, 

Charleston County , in the First Congressional District: 

I, H. W. Purvis, a notary public in and for the State of South Carolina, do hereby 
certify that the deponents herein mentioned, and duly summoned, to wit: J. R. Cath- 
bert, James Rivers, jr., H. G. Perrin, A. J. B. Abbot, A. T. Claviss, H. L. Smalls, G. 
R. Puff, A. T. Jennings, Arron Logan, R. B. Wallace, M. H. Perry, Morris Higgens, 
Albert Hudson, J. B. Maxwell, F. Robinson, H. B. Williams, E. F. Milan, and pro¬ 
duced by contestant, personally appeared before me at 110 Church street, in the city 
of Charleston. State and county aforesaid, and within the Congressional district afore¬ 
said, on the 5th, 6th, 7th, 9th, 10th, and 12th days of April, 1897, and after being duly 
sworn to speak the truth and nothing but the truth, in the matter of the said con¬ 
tested election, gave and subscribed the foregoing depositions; that I caused to 
be reduced to writing, and in the presence of the witnesses and counsels, respec¬ 
tively, read to deponents, before the same was subscribed by them; and I further cer¬ 
tify that each and every erasure, substitution, and interlineation that appear in any 
part of the records, the foregoing depositions were made, substituted, or interlined, 
in the presence of deponents, and before such depositions were subscribed by them or 
him. 

Witness my hand and seal this 14th day of April, A. D. 1897. 

[seal.] H. W. Purvis, Notary Public. 

Charleston, S. C., April 9, 1897. 

Pursuant to adjournment, the taking of depositions in rebuttal was resumed at 
No. 110 Church street, Charleston, S. C., at 10 o’clock a. in., at which were present 
W. F. Myers, esq., representing contestant, and W. T. Logan, esq., representing 
contestee. 

THOMAS MATTHEWS, sworn: 

Examined by W. F. Myers, Esq.: 

Q. Give your name, age, and occupation—A. Thomas Matthews; age, 37 years; 
farming by occupation. 

(Counsel for contestee objects to the testimony of any witnesses taken before S. M. 
Brown, on the ground that lie can produce no evidences as to his official character as 
notary public. 

Counsel for contestant submits that this notary, S. M. Brown, held references in 
this case; that the question of competency was not heretofore raised, and at this 
sitting he makes statements in presence of counsel that his commission was signed 
by Governor Evans and that it is recorded in the clerk’s office in this county; that 
if he had known that the question would have been raised, he would have brought 
his commission. 

Counsel for contestee desires to state that the reason the question as to S. M. 
Brown’s qualification has not been raised before was that it has only recently been 
discovered by an examination of the records of the clerk of court of Charleston 
County that the name of S. M. Brown does not appear there as a notary public.) 

Q. Are you a registered voter? If not, did you at any time apply for registration? 

(Counsel for contestee objects to this question, on the ground that this question is 
not in rebuttal to any, and is not in spite of the, protest of counsel for contestee.) 


MURRAY YS. ELLIOTT. 


487 


A. I am a registered voter. 

Q. Where were you registered?—A. At Johns Island. 

Q. W. J. Mott, one of the supervisors of registration, testifying in behalf of con- 
testee, said that every facility was offered applicants, and that on the islands they 
held registration where the tax collector always collected taxes. Is that so, so far as 
it relates to Johns Island?—A. No; because they never collect any taxes there, but 
they always made returns there; once they made returns there; they always make 
returns at Mr. Jervey’s, about lj- miles from that place. 

Q. Did you say anything, or was anything said in your presence, to the supervisors 
about holding their office at what is known as a public place? If so, state it here.— 
A. I asked them the question myself, because I was a law-abiding citizen of Johns 
Island. I showed them the notice. The reason I show them, the notice had on it 
Cedar Spring, which is the usual place to vote; aud he said he was not there to 
accommodate me; he, Mott, was liable to stop at any place near the railroad. I said 
to him that this don't look like Cedar Spring, but look like Jones’s store at Johns 
Trees; and he said that I must go on; he knew what he was doing; the notice I 
had he knew nothing about it, and so I quit. 

Q. How far is Jones's store from Cedar Spring?—A. Four miles and a half, I con¬ 
sider it to be. 

Q. Did they open office at any other point on Johns Island at any other time?—A. 
Not as I know. 

Q. How many days did they keep open at Jones’s store?—A. Was in not but one. 

Q. About what time did they open, and about what time did they close?—A. I 
don't know what time they opened, because we were not looking for that place; they 
closed at 3 or half past. 

Q. Jones’s store is located at what point on Johns Island?—A. I don’t know whether 
it is in the center, but it is in the first end of the island. 

Q. How far would voters have to go, or those applying for registration certificates, 
from other precincts of the island to Jones’s store ?—A. Eighteen, 12 and 7 and 8 miles. 

Q. What facilities have most of these voters for reaching Jones’s store?—A. Some 
footmen, some horseback, and buggies; most of them have to walk. 

Cross-examination by W. T. Logan, Esq.: 

Q. Jones's store is on the Johns Island ferry road, is it not?—A. Yes. 

Q. Everybody on Johns Island knows where'’Jones's store is, do they not?—A. 
l r es, sir. 

Q. It is a public place, is it not?—A. It is a public store. 

Q. Did Congressman Murray have an appointment to speak at Johns Island pre¬ 
vious to the last Presidential election?—A. Yes, sir. 

Q. What place did he appoint to speak?—A. The place he appointed to speak was 
Hautgap. 

Q. Hautgap and Cedar Spring are very close together, are they not?—A. Yes, sir; 
they are close together. 

Q. Was not the notice that you showed to Mr. Mott and which he said he kuew 
nothing about a notice as to the place where Congressman Murray would speak and 
stating that the registering officer would be at that place?—A. The notice was for 
Cedar Spring from Mr. Murray. 

Q. You have stated that to get to Jones’s store the voters from other parts of the 
island would have to go 18, 12, 7, and 8 miles. Suppose the registration, instead of 
being at Jones’s store, it had been at Exchange; would not the same distances have 
to be traveled?—A. Just as far, because it is the same. 

Q. Supposing instead of being at Exchange it had been at Mr. Glover’s place; 
would not the distance have been the same?—A. Yes; the same. 

Q. The distances beingthe same, Jones’s store was as convenient as the other places 
would have been, and more so, because it is right on the ferry road?—A. It is right 
on the ferry road, but not at our meeting ground. 

Q. Jones’s store is a grocery store, is it not?—A. Grocery store; yes, sir. 

Q. All the people in that neighborhood deal there pretty generally, do they not?— 
A. Not all the people; the people on that place. 

Thos. Matthews. 

Sworn to before me this 9th day of April, A. D. 1897. 

[seal.] Solomon M. Brown, Notary Public. 

S. B. DOILEY, sworn: 

Examined by W. F. Myers: 

Q. Give your name, age, residence, and occupation.—A. S. B. Doily; age, 49 years; 
reside at Johns Island; occupation, farming. 

Q. Were you at Jones's store the day the registration officers were there? 

("Counsel for contestee objects to this question, as it is not in rebuttal.) 


488 


MURRAY VS. ELLIOTT. 


A. I was. 

Q. Did you speak to them in reference to the proper place for the people to apply? 
If so, state what occurred.—A. It was after arriving at Mr. .Jones's store I spoke to 
Mr. Lofton and asked him if they had changed the place to hold the place for regis¬ 
tration ; he said yes, on account the convenience of railroad travel; I said the citi¬ 
zens did not know until some of the white people in passing informed us they had 
Changed from Cedar Spring to Jones’s store. After I talked with him about the 
changing he said he did not come there for the convenience of us at all; they wore 
there for the accommodation of the railroad travel; so I called his attention to the 
written notice, a kind of notice sent out to notify the people where the registration 
office would be opened at the various preciucts, but on the contrary he said he knew 
nothing about it; he did not publish it. Then I asked him if he was goingtoregister at 
Jones's store to-day; he said yes. I asked him how many days he wpukl be at Johns 
Island. He said this is the only day; the law did not require them to go in the country. 
Then 1 asked him wliat time he would commence. He said as soon as Mr. Mott came; 
in about a half an hour Mr. Mott came, which was after 12 o’clock. Then they pre¬ 
pared their book and opened; they commenced; the first reader was rejected; the 
second aud the third and the fourth got his certificate. 

Q. Was any discrimination made by the registration officers between white and 
colored applicants? 

( Counsel for contestee objects on the ground that on the examination in chief of 
this witness no questions as to registration were asked him as to the rejection of 
voters at Johns Island, and therefore no testimony was put in by counsel for con¬ 
testee as to the registration on Johns Island. Any question, therefore, asked witness 
now as to conduct of registration on Johns Island is not in rebuttal and is only asked 
at this time to deny counsel for contestee the right to refute it ) 

A. Great distinctions were made; colored voters were required to read and explain, 
produce tax receipts, and the whites produced their tax receipts and residence, age, 
before they got their certificates. 

Q. What is the location of Jones’s store for the convenience of voters applicants 
in other sections of the island?—A. Jones’s store is located on the extreme point of 
Johns Island and very inconvenient, because the island is eighteen miles by thirty 
and Cedarspring is located near the center of it and on the public road. 

Q. At what point are the taxes usually collected?—A. They have three places 
according to the tax notice; sometimes at Mr. Jervey Grimble, Waterloo place, but 
not at the ferry, and at Seabrook, and sometimes at Whitehorse. 

Q. T. J. Grimble, one of the witnesses for contestee, testifies that your character is 
very bad. He knows this because he has had transactions with you. What have 
you to say about this?—A. I haven’t had any transactions with Mr. Grimble since 
1872; both were teaching school at that time, and I stayed on the place which he 
was agent for, and he charged me more for a bale of cotton after ginning it; then I 
contended with him, and he paid it, and that is all I have had to do with him, but 
if you want to get references I can give it from different gentlemen I have had deal¬ 
ings with in the city or county. There is Mr. Pinckney, a colored gentleman, and 
Mr. Fludd Middleton, and Mr. Ardul. He is a white man. 

Cross-examination by W. T. Logan, Esq. : 

Q. Were you ever postmaster ou Johns Island?—A. I was. 

Q. Are you still postmaster there?—A. No, sir. 

Q. You are not the same S. B. Doiley, a witness on behalf of G. W. Murray, who 
testified that he had been indicted in the United States courts for stealing stamps 
from the Government?—A. I testified for G. W. Murray some time ago, but was 
indicted, not for stealing, but for a shortage, and am paying it up. 

Q. You do not deny then that you were indicted for the offense in the United 
States courts?—A. No. 

Q. You have stated in answer to the very bias question of your counsel that Jones’s 
store was a very inconvenient place to have the registration. Does not everyone 
who crosses the river at Johns Island ferry have to pass Jones’s store when either 
going to or returning from the ferry?—A. Yes; only the people who are going to the 
mine and to take the railroad uses that ferry, the bulk of the people in the southern 
and western part doesn’t use that in passing; the western part uses Mulletliall, and 
the southern uses the Exchange, all in the vicinity of Cedarspring. 

Q. Would it not have been just as inconvenient for voters residing in the vicinity 
of Jones’s store to have gone to Exchange or to Mulletliall to be registered as it would 
be for those at Mullethall and Exchange to go to .Jones’s store to be registered?— 
A. Yes; it would; there would be the proper place if designated by the law to register. 

Q. The only notice that ever stated that the registration would take place at 
Cederspring was a notice sent out by Congressman Murray, was it not?—A. Yes; 


MURRAY YS. ELLIOTT. 


489 


after consultation with the registration officers that they made the assignment as to 
the places where the registration would take place, and then Mr. Murray sent out 
the notices. 

Q. \\ ill you state vfhen and where this consultation took place?—A. Yes, sir; 
I went to see them myself and carried the papers, and asked them where would they 
locate the registration office in the country; I thought they would have it at Haut- 
gaup; but they said, no, Hautgaup was no more a voting precinct, but Cedarspring is 
the place; so then I noted it. 

Q* Uoes the law require the supervisor to state what place they would hold the 
registration?—A. I think so; I am not certain. 

S. P. Doiley. 

Sworn to before me this 9th day of April, 1897. 

[seal.] . Solomon M. Brown, Notary Public. 


MOSES PINCKNEY, sworn: 

Q. Give your name, age, residence, and occupation.—A. Moses Pinckney; age, 
50 years; resides at Johns Island; occupation, farming. 

Q. Were you present at Jones's store the day the registration officers were there? 

(Counsel for contestee objects on the ground that this question is not in rebuttal.) 

A. Yes, sir. 

Q. Did any conversation take place between the registration officers and citizens 
as to the proper place for registration ?—A. There did, in my presence; Mr. Matthews 
spoke to the gentlemen, and in returning to Mr. Matthews he spoke as though he 
did not care so much for the registration of the people suitable place, according to 
the convenience of himself at Mr. Jones’s store; after he said this Mr. Thomas 
was there; he and myself said no more. 

Q. What did you say?—A. I said to him after lie said to read—I said that I had to 
pay my tax; after that I walked out; I said this to the gentleman that handed me 
the constitution to read; I missed one word ; he turned me off and I said to him that 
I would not pay no tax in vexation; I'•paid it, though; a big tax, $4.40. 

Q. What gentleman did you speak of?—A. I mean the registration officer. 

Q. What Thomas do you speak of?—A. TkomaOIattliews. 

Cross-examination by W. T. Logan, Esq.: 

Q. Did you take any appeal from the action of the board of supervisors in refus¬ 
ing you the registration?—A. No, sir. 

Q. When the supervisor stopped you at oue of the words you were reading you 
became provoked and walked out?—A. Yes. 

Q. Did you try or make any other attempt?—A. No, sir. 

Q. I understand you, then, you were not refused registration, but you became 
provoked at the supervisor and left this office?—A. They refused to give it to me for 
losing one word in reading the constitution. 

Q. You were refused, then, because you could not read the constitution?—A. Yes, 
sir. 

Q. Do you think you could read a section of the constitution for me?—A. I expect 
so; I am not certain. 

Q. Would you read?—A. I refuse to read a section of the constitution. 

Q. Do you know how many counties there are in this district? 

(Counsel for contestant objects to this question, as it is not in reply. The number 
of counties does not enter in any manner the contention held in this contest.) 

A. I do not know. 

Q. Do you know what district this is?—A. I do not know. 

M. Pinckney. 

Sworn to before me this 9tli day of April, 1897. 

[seal.] Solomon M. Brown, Notary Public. 

W. H. GIBBS, sworn: 

Examined by W. F. Myers: 

Q. Give your name, age, residence, and occupation.—A. W. H. Gibbs; age, 36 
years; residence corner Ashby avenue and Congress street. 

Q. Where were you on the day of election last?—A. I was at the Federal poll, first 
precinct of Ward 7. 

Q. Did you or were you allowed to witness the count at the polls?—A. I were 
there when the polls closed. I seen them counting, but did not see the tickets no 
more than the handling of them. 


490 


MURRAY VS. ELLIOTT. 


Q. Why could you uot see; were you not allowed to get near enough?—A. No, sir; 
the tickets were all of one color and seemed to he of one size. 

Q. Were you allowed to be in a position where you could designate the Elliott 
tickets from the Murrays?—A. No, sir. 

Q. Why could you not?—A. Because the managers would not allow me to get close 
enough to distinguish one ticket from the other. 

Q. How far was J. R. Cuthbert?—A. He was not any nearer than what I was. 

Q. Did Cuthbert have any table and chair in the polling booth?—A. No, sir; he 
had one on the outside, off the pavement. When the polls closed the man who 
owned it carried it with him. 

Q. How did the managers conduct themselves that day or during the day that you 
saw them? 

(Counsel for contestee objects to this question on the ground that it is not in 
rebuttal.) 

A. Well, at times during the day they seem to be pretty lively. I did see one of 
the managers take a drink, but what it was I don’t know. 

Q. Where did he take it from?—A. Well, he took it from a bottle, pouring it in a 
glass. I heard one of the managers say there were 134 names on the poll list; I 
noticed that by the papers next morning that there were less votes than what he 
said he had names on the poll list. 

Cross-examination by W. T. Logan, Esq.: 

Q. Were you and Jack Cuthbert both inside the polling place while the votes 
were being counted?—A. No, sir. 

Q. Where were yon when you say you saw the votes counted?—A. I was on the 
sidewalk, about live feet from where they were counting. 

W. H. Gibbs. 

Sworn to before me this 9th day of April, 1897. 

[seal.] Solomon M. Brown, Notary Public. 

Adjourned at 3 o’clock p. m. until Saturday, the 10th, 1897. 

S. M. B., Notary Public. 

Charleston, S. C., April 13, 1897. 

Pursuant to adjournment the taking of depositions in rebuttal was resumed at No. 
110 Church street, Charleston, S. C., at 10 o’clock a. m., this day, at which were pres¬ 
ent W. F. Myers, representing contestant, and W. T. Logan, esq., representing 
contestee. 

P. T. RICHARDSON, sworn: 

Examination by W. F. Myers, Esq.: 

Q. Give your name, age, residence and occupation.—A. P. T. Richardson; age, 46 
years; at present 7 miles from the city; and occupation, merchant and farming. 

Q. You have already testified in reference to the Camp Ground precinct, have you 
not?—A. Yes, sir. 

Q. Did you on that day of election, after the polls closed, examine the Federal 
poll list?—A. I did. 

Q. Will you look over this, and see if it is a true copy of the list examined by you, 
so far as it relates to number of names and erasures, or scratching out of names?— 
A. So far of names, they agree; there are 81; but this is not the true copy of it. I 
find that they have March Whitlock as voting. He did vote, but they crossed or 
scratched it out on the noil list. They claimed that he voted illegally. I questioned 
the right of their destroying his vote. They said the manager, Mr. Seabrook, said 
he came in without a ticket; and I stood outside the barricade and handed him a 
ticket, that what they claimed was illegal. When Whitlock came in he did have a 
ticket. Colonel Elliott’s ticket was laying on the box; there is where they placed 
them in the morning. Whitlock, when he walked in, he looked over the tickets; he 
asked where was Murray’s tickets. I was leaning on the barricade. I said to him, 
t( Here is Murray’s tickets.” Mr. Seabrook said to him, “ You can’t give him no tick¬ 
ets in here.” I said to him, “Come outside.” Seabrook said if he went out he could 
not come back any more. Mr. Whitlock said, f< Give me a ticket; I am going to vote 
before I go out of here; give me a ticket.” I handed him a ticket; he put it in the 
box. Mr. Seabrook warned him when he placed it in he was going to destroy it, and 
ordered Whaley to scratch his name. Mr. Whaley scratched it. 

Q. I see the name of Jack Robinson on the poll list as voting.—A. He did not 
vote; I can’t tell how his name got there; he went to the poll. Jack Robinson was 
the last man who had a registration certificate who came to the poll to vote, and he 


MURRAY VS. ELLIOTT. 


491 


walked in without a ticket ; he turned round and asked where was Murray's tickets; 
I told him here they was. Mr. Seahrook said he could not take none in here; you 
should have brought one in with you. I called his attention to Colonel Elliott’s 
tickets laying on the box all day, and he said it was against the law for a m;m to 
come in without his ticket, and he was not going to allow it. Jack Robinson came 
out and I took the number of his certificate. 

Q. When Jack Robinson went into the booth was it before or after Mr. King?— 
A. Oh, it was a long time afterwards. Mr. King went in between 2 and 3 o’clock, 
and Robinson was among the last. 

Q. E. Mitchell Whaley, testifying in behalf of contestee, in reply to your testi¬ 
mony about Mr. King voting twice, said, “I saw Mr. King turn around, open his 
ballot, and show it to Richardson, and then folded it up and then put it in the box.” 
'Is that so?—A. No, sir. 

Q. Will you, then, explain how Mr. King voted?—A. Mr. King, when he walked 
into the booth, Mr. Seahrook asked him if he come to vote. He replied, “Yes.” Mr. 
Seahrook proceeded to show, as he did every Democrat as he come in, how the tickets 
was situated and who the candidates was, as he had been doing all day. Mr. King 
proceeded to vote; he voted in the Congressional box first; picking up one of Colonel 
Elliott’s tickets he put it into the box; he proceeded to pick up an elector ticket; he 
voted in the elector box. He turned to the Congressional box again ; he picked up 
Colonel Elliott's ticket again, and I saw him and caught him by the arm and said, 
“You have voted in that box once.’’ He denied it; said he had not. He started to 
turn around from the box without voting the second time. Mr. Seahrook said to 
him, “He’s got nothing to do with it; we are the managers; he is no manager.” He 
put the ticket in the box the second time, so I said “You have voted twice,” and he 
said nothing, but 1 and Mr. Seahrook contended, but none of the other managers 
said anything. 

Q. Did the managers carry out their threat about destroying or throwing out 
Murray’s tickets that had been voted ?—A. Yes, they did; they destroyed four tickets 
of Murray's. Two they claimed was folded wrong; two—the other two—was one 
for being instructed, they claimed, and the other was under instruction also. 

Q. Will you take the poll list and see how many are reported as having voted that 
day?—A. They report 81. 

Q. Will you turn to the summary and state how many was returned for the can¬ 
didates?—A. Wm. Elliott, 41; Geo. W. Murray, 34. 

Q. What was the total vote?—A. The total vote was 75, and 81 names on the poll 
list. 

(Counsel for contestant files copy of list testified to by this witness as Exhibit U.) 

Cross-examined by W. T. Logan, Esq.: 

Q. Is that copy of the poll list that has just been put in evidence a facsimile 
copy of the poll list used at Camp Ground precinct on election day?—A. In part I 
will say no. That is not an exact copy. 

Q. Did you not testify, on your previous examination, that two of the Murray 
ballots which were destroyed were taken from the Presidential elector box?—A. 
Those two was not counted. I testified to that before. 

Q. You did not testify, then, that two of the Murray ballots which was destroyed 
were taken from the Presidential box?—A. That question was not asked me; I told 
that there was two ballots in the Presidential box destroyed that was Murray’s; 
those two were not in question. 

Q. The four Murray ballots that were in question were counted?—A. Yes, sir. 

Redirect: 

Q. Did you fully understand the last question asked and the relation to the four 
Murray ballots that was destroyed?—A. No, sir; I did not fully understand it. 

Q. Now, what about the counting of the ballots in question?—A. When the poll 
closed we counted the names on the poll list, that’s what I mean; we found 84 names 
on the poll list; we went into the box then to compare the ballots with the poll list; 
there was 79 ballots in the box that until we counted in the box; then we tabulated 
the votes in the tabulation; they destroyed four of those votes; all was Murray’s; 
these are the four votes that were in question; these four were not counted for the 
candidates. 

Cross-examined by W. T. Logan : 

Q. Did you not testify, on your previous examination, that there was 79 names on 
the poll list and 77 ballots in the box?—A. No, sir. 

P. T. Richardson. 

SAvorn to before me this 13th day of April, 1879. 

f seal. 1 Solomon M. Brown, Notary Public. 


492 


MURRAY VS. ELLIOTT. 


Exhibit U. 

State of South Carolina. Board of managers for the election of Federal officers at 
Camp Ground precinct, Edisto Island, Charleston County. 

Statement of return of rotes. 

We, the board of managers for the election of Federal officers lor the Camp Ground 
precinct of the county of Charleston, State of South Carolina, make the following 
statement and return of votes given for Presidential electors and Member of Con¬ 
gress voted for in the said county on the 3d day of November, A. D. 1896: 

The whole number of votes given for Presidential electors was 66. 


Of which M. R. Cooper received. 33 

Of which T. S. Gantt received. 33 

Of which C. T. Prichard received. 33 

Of w hich R. B. Watson received. . 33 

Of which C. L. Blease received. 33 

Of which J. J. McMahan received. 33 

Of which W. D. Trautham received. 33 

Of which James Stackhouse received. 33 

Of which T. W. Standland received. 33 

Of which B. 0. Duncan received .. 32 

Of which S. C. Smith received. 32 

Of w'hich J. A. Noland received. 32 

Of which D. E. Yates received. 32 

Of which M. H. Bryce received. 32 

Of which J. W. Morris received. 32 

Of which N. L. Shrewsbury received. 32 

Of which Paul Whipple received.. 32 

Of which T. M. Prickett received. 32 


Total number of votes cast. 66 

The whole number of votes given for Member of Congress was 75. 

Of which William Elliott received. 41 

Of which Geo. W. Murray received. 34 

Of which W. C. Cohen received. 0 


Total number of votes cast. 75 

We do hereby certify that the foregoing statement is correct in all respects. 

In witness whereof we have hereunto subscribed our names this - day of 

November, A. D. 189—. 


E. Mitchell Seabrook, 

Ralph Bailey, 

J. G. Murray, 

Board of Managers for the Election of Federal Officers for 

Camp Ground Precinct of the County of Charleston. 


The whole number of votes given for Presidential electors was —. 


Of which F. C. McMaster received. 1 

Of which Geo. W. Dangan received. 1 

Of which Frank 0. Oneil received... 1 

Of which Geo. B. Lake received... 1 

Of which Nat. Gist received .. 1 

Of which Frank Evans received. 1 

Of which A. C. Spreigs received. 1 

Of which A. L. Harlee received. 1 

Of which Jas. D. Blanding received. 1 


E. Mitchell Seabrook, 

Ralph Bailey, 

J. G. Murray, 

Board Managers Camp Ground Precinct, Charleston County. 





































MURRAY VS. ELLIOTT. 


493 


POLL LIST. 


1. C. Mitchell Whalev. 

2. D. A. Stevens. 

3. Arthur M. Whaley. 

4. H. M. Bailey. 

5. F. M. Reed. 

6. Ben Holms. 

7. M. M. Seabrook. 

8. Abram Butler. 

5. J. M. La Roacke. 

10. E. U. Bailey. 

11. Antony Blizen. 

12. Albert Barker. 

13. T. C. Murray. 

14. E. Murray. 

15. Titus Finlay. 

16. Mike Lawrence. 

17. W. W. Campbell. 

18. James Chaplin. 

19. Priver Butler. 

20. Wm. Whaley. 

21. E. Mikell Whaley. 


Names of voters. 


22. John D. Fitzpatrick. 43. A. B. Westcoat. 64. 

23. W. S. Berkett. 44. William Murray. 65. 

24. B. J. Simmons. 45. E. C. Whaley. 66. 

25. A. L. Brown. 46. Daniel T. Pope. 67. 

26. John Jinkins. 47. Elmore Randal. 68. 

27. Gustave Steavens. 48. Josiah Bowles. 69. 

28. John J. Mikell. 49. E. Mitchell Labrook. 70. 

29. W. L. Beckett. 50. T. P. Hay. 71. 

30. H. J. Bailey. 51. H. Hutchinson. 72. 

31. Wm. Green. 52. Louis Bailey. 73. 

32. Townsend Mikell. 53. D. M. Bailey. 74. 

33. Jenkins Mikell. 54. B. J. Whaley. 75. 

34. J. G. Murray. 55. George Bogee. 76. 

35. J. S. Thorne. 56. Newton Nixon. 77. 

36. Peter Bright. 57. C. Bowls. 78. 

37. A. I. Bailey. 58. J. W. Griliiu. 79. 

38. Whitendge Bailey. 59. Cyrus Small. 80. 

39. David Chaplin. 60. Elisah Simmons. 81. 

40. A. M. Demetros. 61. Samuel Simmons. 

41. Thomas Whaley. 62. W. M. Bailey. 


42. Adam Clarke. 63. L. O. H. King. 


D. G. Pope, jr. 

G. IV.Seabrook. 
Ishrin Brown. 

H. M. Bailey. 
Wm. Wright. 

W. M. Bailey. 
Tom Singleton. 
Ralph Bailey. 
March Whitlock. 
F. M. Bailey. 

Doc D. Salley'. 

D. S. Edings. 

W. S. Finley. 

W. B. Deleslin. 

S. F. King. 

F. M. Mitchell. 
Jack Robinson. 
J. M. Chisolme. 


State of South Carolina, Office of Secretary of State : 

I, D. H. Tompkins, secretary of state, hereby certify that the foregoing is an exact 
copy of a paper on file in this office. 

Given under my hand and the great seal of the State, at Columbia, this 8th day of 
April in the year of our Lord one thousand eight hundred and ninety-seven, and in 
the one hundred and twenty-first year of the Independence of the United States of 
America. 

[seal.] •* D. H. Tompkins, 

Secretary of State. 


H. W. PURVIS, sworn: 


Examined by W. F. Myers: 

Q. Give your name, age, residence, and occupation.—A. H. W. Purvis; 48 years; 
80 Vanderhorst street; notary public. 

Q. Have you ever occupied any official positions in South Carolina ? If so, state 
them.—A. Yes, sir; I was a member of the first legislature after reconstruction, 
representing the county of Lexington. I was adjutant-general of the State from 
1872 to 1876. 1 have held various other offices of minor importance in the State. I 

have held several positions nationally—special agent of the Treasury Department 
under the Grant Administration; inspector of customs under T. B. Johnson, col¬ 
lector of Charleston, deputy collector under E. M. Brayton, and now hold the office 
of notary public, being commissioned by Governor John Gary Evans. 

Q. What position, if any, do you hold in the Republican organization in your 
State ?—A. I am the Republican county chairman of the county of Charleston. 

Q. Did you give any attention to the registration of citizens prior to and since the 
adoption of the present constitution?—A. Yes, sir. In the year of 1890, under an 
act of the legislature of 1894, it was authorized that registration be had for the pur¬ 
pose of qualifying citizens under said act of the legislature to vote for delegates to 
the constitutional convention. The mode prescribed for registration was by two 
forms of affidavits that applicants for registration had to comply with. 

(Counsel for contestee objects, on the ground that this line of examination is not 
in rebuttal to any questions asked of or testimony put in by counsel for contestee.) 

Q. Are these the forms? If so, explain their requirements and strictures, so far as 
relates to the enfranchisement of the citizens.—A. Form No. 1 applies to a citizen 
who was entitled to register under the original registration act enacted June 30, 
1882, and did not register. That form restricted the applicant in this way: He had 
to state his residence in 1882, and during each successive year separately; besides 
that he had to obtain the affidavit of two citizens to prove that he had resided at 
and in the places stated in his application for registration. In other words, those 
two citizens had to swear that they kept up with whatever changes said applicant 
might make from the year 1882 to the year 1895. Form No. 2 is similar in its con¬ 
struction, except it applies to those who became electors since June 30, 1882. 

Q. Was that regarded conclusive, so far as the authority of the registration officer 
is concerned?—A. It was not. The supervisor exercised what he assumed to be his 
right in ignoring hundreds of these applications, although properly sworn to by 
these applicants and the witnesses who swore to the correctness of the applicant’s 
statement. 


494 


MURRAY VS. ELLIOTT. 


Q. What effect had this system on the qualification of the citizens or voters?—A. 
In this county not more than a third became registered voters. 

Q. Do you remember or can you state, even approximately, the voting population 
of South Carolina?—A. About 230,000. 

Q. At the election for delegates to the constitutional convention, about how many 
citizens were qualified or enabled to vote thereat?—A. It has been authentically 
stated that there was but 60,000 votes cast at that election. 

(Counsel for contestant files Exhibits V and VV.) 

Q. Do you know anything about the conduct of the registration under the pres¬ 
ent constitution qualifying voters for the Congressional election, the 3d of Novem¬ 
ber last?—A. A more biased, discriminating set of men never were appointed to 
execute a law, m which all citizens should have been treated on an equal footing, 
than those who perform the duties as registers for Charleston County. In illustra¬ 
tion of this, from the opening of the registration for the first six weeks and up to 
the time it closed, before the election for Congressman, in November 3, I was con¬ 
tinually at or about the registration office in the city of Charleston, and to my per¬ 
sonal knowledge hundreds upon hundreds of citizens were disfranchised by the acts 
of the officers. In order that this statement may not be considered general, I would 
like to state how it was true from my own personal knowledge. Believing that such 
a course would be pursued by these registration officers in discriminating against 
colored citizens, the entire committee of the Republican party of Charleston County 
got up a form of affidavit by which we could ascertain or approximate the number 
of those refused registration, and for what reasons; and through this means, in the 
county of Charleston between 3,000 and 4,000 such affidavits were made by rejected 
applicants, and their reasons for rejection therein set forth. The reasons were, 
tl couldn't read good enough,” 11 couldn’t write good enough,” “ couldn't pronounce or 
explain clauses of the constitution or words therein to the satisfaction of the board 
of registration.” I would state that under the registration of 1895, the election of 
delegates to the constitutional convention, that the registration law of 1896 is but 
the outgrowth of the wrongs committed under the act of 1894. By that act there 
was no fair expression of the people for or against the holding of said convention. 

Q. This form of affidavit was used during the registration period, was it not?—A. 
It was. 

Q. Was this manifestation of interest confined only to Charleston County ?—A. I 
think it was generally adopted throughout the First Congressional district. 

Q. Colleton County forms part of the First Congressional district?—A. It does. 

(Counsel files this as an exhibit, marked “X.”) 

Q. Were any other means used during the election to show the disadvantage the 
Republican voters were under as an evidence of any desire to vote for the Republican 
nominee? If so, make a statement of that.—A. Owing to the stringent condition of 
very many Republican voters, money was raised by subscription to arm many of these 
voters with the requirement of the law in order that they, under a decision of the 
board of registration, could apply legally for their registration certificates. This 
was for procuring poll-tax receipts for them. Many of them were secured on the 
day of election. We had provided two forms of affidavits, to be used by rejected 
voters who offered to vote for the Republican nominees, county and Presidential 
electors. These affidavits set forth that they—the fact that they had been rejected. 
This matter was fully understood through the organized efforts of the clubs which 
existed in every precinct in the county. The voters who had been refused registra¬ 
tion knew just what they had to do on the day of election. As regards these forms 
of affidavits mentioned there was a thorough knowledge of them by the Republicans 
of the county. 

Q. As to the spirit guiding the Democracy in the organization of the convention 
constructing the constitution, what was the main purpose, so far as generally dis¬ 
cussed and published?—A. Beyond a question of doubt the holding of that consti¬ 
tutional convention had but one sole object in view. The constitution that they abol¬ 
ished had not a superior in any State in the Union. This is acknowledged. No peo¬ 
ple have ever lived under an instrument that protected the citizens in their rights 
fairer than the constitution adopted under the ordinances of reconstruction and 
placed this State back m the Union. Its abolishment was for the disfanchisement 
of the colored citizens. That was the spirit that prompted the callers and framers 
of the constitution of 1895. 

Q. Prior to and arranging for this constitutional convention did the two factious 
of the Democrat party, or their representatives, meet in conference? If so, what 
feature of the then proposed constitution was most prominently discussed? To aid 
you, I refer to page 472 of the Journal of the Constitution, and the discussion there 
had between Senator Tillman and Mr. McGowan. 

(Counsel for contestee objects to this question on the ground that it is not in 
rebuttal, and on his line of examination is pursued in spite of the protest of coun¬ 
sel for contestee.) 


MURRAY VS. ELLIOTT. 


495 


A. Yes; there was a conference between the conservative element of the Demo¬ 
cratic party and the Tillmanites. This was prior to the meeting - of the constitutional 
convention, and the only appearance then considered by the conference was the suf¬ 
frage of the present constitution ; of how they could disfranchise by restrictions the 
greater portion of the colored vote and disfranchise no white man except for things 
prescribed in the constitution, for crimes and conviction thereof. On page 472 of the 
Journal of the Constitution of 1895, there was considerable difference expressed on 
the part of some as to the constitutionality of the adoption of the suffrage clause as 
it is now in the constitution of the State. The most prominent in the debate were 
Senator Tillman and Mr. McGowan. Their remarks go to prove that conference con¬ 
servatives and all agreed to its adoption. 

Q. As to the understanding clause and the discussion had on its adoption, will you 
read what Senator Tillman says f—A. On page 469 in the Journal of the Constitutional 
Convention of 1895, Senator Tillman, in his remarks on the adoption of the property 
qualification and understanding clause is as follows : “The property qualification 
straight would disfranchise 30,000 people—white men who own nothing in their 
own names; and it is contrary to all my ideas of principle, fairness, and right, 
because some of these very men are the most intelligent of our citizens. I said last 
night that the chalice was poisoned. Some have said there is fraud in this under¬ 
standing clause. Some poisons in small doses are very salutary and valuable medi¬ 
cines. If you put in here that a man must understand, and you vest the right to 
judge whether he understands in an officer, it is a constitutional act. That officer is 
responsible to his conscience and his God; he is responsible to nobody. There is no 
particle of fraud or illegality in it. It is just simply showing partiality, perhaps 
[laughter], or discriminating.” 

Q. Was this doctrine as laid down by the present leader of South Carolina’s Democ¬ 
racy observed by the supervisors of registration?—A. Judging from the action and 
conduct of their officers they carried out Senator Tillman's views to a letter. 

Q. It has been denied by supervisor of registration, who testified in behalf of con- 
testee, that any discrimination of either in the formation of lines or admission into 
their offices; what have you to say about this?—A. I don’t know how any supervisor 
could have said so, I don’t believe that there was one man out of a thousand in the 
city of Charleston who don’t know that that is not true. As to the two-line business, 
I believe that white and colored would confirm that the statement was not true. 
There were two distinct lines; one formed on the north side of the registration build¬ 
ing, which was the colored, and the other formed from the south side, which was 
the white line, which they entered in opposite directions. 

Q. Was any effort made in the legislature to give representation to the two polit¬ 
ical parties ou the board of commissioners of election; if so, what was the result?— 
A. Yes; I think there was; one of the most masterly efforts was made by Mr. Barn¬ 
well in this behalf, but was defeated. I think there was a resolution introduced in 
this legislature asking for representation on boards of commissioners and managers, 
but met the similar result. Some time ago, in looking over the journal of the house 
in its last session, I saw such a resolution was introduced, I think by a man by the 
name of Maning, asking for representation on boards of commissioners and man¬ 
agers for each political party; the resolution was defeated. 

Q. Under what control and to what extent is the election machinery of this dis¬ 
trict and State?—A. Entirely, in every sense, of the Democratic party, Federal, 
State, and every other thing. There is not a county in the State where the Republi¬ 
cans, although there is about L70,000 voters in the State who are classified as Repub¬ 
licans, they have no representation in the State or county except iu the county of 
Georgetown. 

Q. Have the Republicans, especially the colored, of this district any financial 
standing?—A. Yes; they represent a great deal of wealth, both in real and personal 
property. 

Q. If all citizens of the district were permitted a just exercise of the elective 
franchise, what party would be in the majority?—A. The Republican party by 
15,000 or 20,000. 

Q. From the statements made here by you in reference to the Republican party 
conclusions that they are thoroughly organized, are they not?—A. As to Charleston 
County I can say yes; they have a pretty well organization without any representa¬ 
tion. 

Q. To what extent does the candidacy and present contest of Geo. W. Murray 
represent the Republican party of this district?—A. Well, Murray represents the 
Republican candidate of the Republicans of this district, and his contest is the 
Republican contest of this district, and they are aiding all they can in it. 

Q. Wliat does this represent? [Counsel handing witness a volume.]—A. This is 
a Journal of the Proceeding of the Constitutional Convention of South Carolina of 
1895, published by the State printer, Chas. A. Calvo, jr. 

Q. Containing what?—A. Containing the entries of the proceedings of the con- 


496 


MURRAY YS. ELLIOTT. 


stitutional convention, which are of a public interest, as all of motion all deliberat¬ 
ing of a necessity compel to have journals. 

Q. Turn to page 2 and state what was required as qualifications for members who 
constituted this convention ?—A. Well, 1 find on page 2 of the Journal of the Consti¬ 
tutional Convention as refers to the oath taken by members of the convention, the 
following resolution offered by Mr. Stanzarne Wilson: “ Resolved, That the dele¬ 
gates whose names appear upon the roll of delegates now in possession of the sec¬ 
retary of state, be, and are hereby, declared the duly elected and qualified delegates 
to this convention.” 

(Counsel for contestant files said journal as Exhibit Y.) * 

Q. What is that?—A. This is a constitution of the State of South Carolina, rati¬ 
fied in convention December 4, 1895. 

(Counsel for contestant submits said constitution in evidence as Exhibit Z.) * 

Q. What is this? [Counsel handing witness a document.]—A. This is a report of 
the Committee of the House of Representatives of Fifty-fourth Congress of the 
United States, to whom was submitted a resolution on election of President and 
Vice-President of the United States, as to the electoral vote of the State of South 
Carolina. 

(Counsel for contestant files said document as Exhibit AA.) * 

Q. You made reference to Mr. Barnwell; who is he?—A. He is the attorney of the 
contestee, being the senior counsel, and he is the executive chairman of the Demo¬ 
cratic party. 

Cross-examined by W. S. Logan, Esq.: 

Q. Are you the same H. W. Purvis who had been employed as notary in the present 
contest?—A. Yes, sir. 

H. W. Purvis. 


Sworn to before me this 13th day of April, 1897. 

[seal.] Solomon M. Brown, Notary Public. 


Exhibit V. 

Registration affidavits. 

Form 1. 

State of South Carolina, - County : 

Personally appeared before me,-, a- in and for the county and 

State aforesaid,-, who after being duly sworn, says that he was an elector and 

entitled to register at the general registration in 1882, but failed to register at such 

time; that his full name is-, his age-years, his occupation is-, 

and his residence was, on the 30th June, A. D. 1882, at --, in the county and State 

aforesaid; that his place or places of residence, since the time when he became 

entitled to register, were: [State place of residence during each successive year 

separately.]-. - 

Sworn to and subscribed before me this-day of-, A. D. 1895. 


Form 1. 


State of South Carolina, - County : 

Personally appeared before me,-, a-, in and for the county and 

State aforesaid,-, who after being severally and duly sworn, say that 

each of them is a citizen of this State, and was 21 years of age on the 30th day of 

June, A. D. 1882, and knew---, the applicant for registration, at that time; 

that his full name, age, occupation, and place of residence at that time, and his place 
or places of residence since that time are correctly stated in his affidavit; that he 
was an elector and entitled to register at the general registration in 1882. 


Sworn to and subscribed before me this-day of-, A. D. 1895. 


Note.— Form 1 is to be used for an elector who was entitled to register on June 
30,1882. ° 


Omitted in printing. 



































MURRAY YS. ELLIOTT. 


497 


Exhibit W. 


Heyistration ajjidacits. 


Form 2. 
County: 


State of South Carolina,- 

Personally appeared before me _ _ _ ^ ^ ^ 

Sta,te aforesaid,-, who, after being doly sworn, sayV^batTeTeTame an 

i nr 1 of ah 4- L A „ f* * ^ <-v « 


in and for the county and 


elector and was entitled to register on the 


day of 


A. I). 18- 


but did 
years, his 


not register at that time; that his full name is-- bis a«e_ yoai - 8 JU » 

occupation is-, and his place of residence, when he became entitled to regis¬ 
ter was at-, m the county and State aforesaid; that his place or places of 

residence since the - day ot , A. D. 18 —, when he became an elector, have 

been: [State place ot residence during each successive year separately.]_ 


Sworn to and subscribed before me this-day of 


A. D. 1895. 


Form 2. 


State of South Carolina, - County; 

Personally appeared before me-, a- in and for the county and 

State aforesaid,-, who, after being severally and duly sworn, say that 

each of them is a citizen of this State, and was 21 years of age on the-day of 

-, A. D. 18—, when-, the applicant for registration, became entitled 

to register, and knew him at that time; that his full name, age, occupation, and 
place of residence when he became entitled to register, and his place or places of 
residence since that time are correctly stated in this affidavit, and that he was an 
elector entitled to register at the time stated by him. 

Sworn to and subscribed before me this-day of-, A. D. 1895. 


Note.— Form 2 is to be used for an elector who has become entitled to register since 
June 30, 1882. 

Exhibit N. 


State of South Carolina, County of Colleton : 

Personally appeared before me .Jack Holms, who, being duly sworn, says that he 
is a citizen of the aforementioned State and county, residing in Collius precinct, 
and of legal age; that by reason of his residence in said State and county for the 
period prescribed by the constitution, and not being disqualified by any provisions 
thereof, he is duly entitled to the registration certificate provided for electors in 
this State, as he can read the constitution; that he applied at the office of the board 

of registrars for said county on-of-, and was illegally refused a certificate 

by said board on the alleged reason that-. 

Dated at-, this the-of-189—. 

[seal.] 1). O. Edwahds, Notary Public. 

State of South Carolina, County of Charleston : 

I, Solomon M. Brown, a notary public in and for the State of South Carolina, do 
hereby certify that the deponents herein mentioned and duly summoned, to wit, 
Thomas Matthews, S. B. Doebley, P. T. Richardson, H. \V. Purvis, and produced by 
contestant, personally appeared before me at Charleston, in the county of Charleston, 
and within the Congressional district aforesaid, on the 9th and 13th days of April, 
1897, and after being duly sworn to speak the truth and nothing but the truth, in 
the matter of the said contested election, gave and subscribed the foregoing deposi¬ 
tions in rebuttal. That I caused the testimony of said deponents, with the questions 
propounded by both contestant and contestee, to be reduced to writing, and caused 
said testimony to be carefully read to deponents before the same was subscribed by 
them. And I further certify that each and every erasure, substitution, and inter¬ 
lineation that appears in any part of the records of the foregoing depositions were 
made, substituted, or interlined in the presence of deponents, and before such deposi¬ 
tions were subscribed by them or him. 

Witness my hand and seal this 14tli day of April, A. P., 1897. 

[seal.] Solomon M. Brown, 

Notary Public, South Carolina. 


17745-32 












































498 


MURRAY VS. ELLIOTT. 


Nolice to take depositions. 

First Congressional District of South Carolina, Geo. W. Murray, Contestant, v. 

William Elliott, Contestee. 

To William Elliott, Contestee: 

You will take notice that the undersigned will, at the court-house, in the city of 
Georgetown, Georgetown County, at 10 a. m. on Tuesday the 13th day of April, 
1897, before R. B. Anderson, a notary public in and for the State of South Carolina, 
or some other officer authorized by the laws of the United States to take depositions 
in contested-election cases, examine and take testimony of the witnesses whose 
names are hereto annexed, in rebuttal to the testimony taken by William Elliott, 
contestee, in the above-stated matter, and in refutation of the allegations contained 
in the contestee’s reply to the notice of contest, and will continue said examination 
from day to day until the same shall be completed. Z. D. Greene, Frank Lawrence, 
Geo. E. Herriott, R. B. Anderson; all of the county of Georgetown, State aforesaid. 

Z. D. Green, 

Attorney for G. W. Murray, Contestant. 

April 8,1897. 

I accept service of the within the 8th day of April, 1897. 

Attorney for Contestee. 

State of South Carolina, 

County of Beaufort. 

Personally appeared before me J. R. Cuthbert and made oath that he personally 
served the within notice on Jos. W. Barnwell, the attorney for William Elliott, con¬ 
testee, by leaving a copy of the same with linn at his office. Nos. 18 and 20 Broad 
street, Charleston, S. C., April 8, 1897, at 1 o’clock, and that he knows the person so 
served to be the identical Jos. W. Barnwell, attorney as aforesaid. 

J. R. CUTHHERT. 

Sworn to before me this 8th day of April, 1897. 

[seal.] . J. B. Edwards, 

Notary Public in and for South Carolina. 

Pursuant to notice served by Z. D. Greene, attorney for Geo. W. Murray, contest¬ 
ant, on Jos. W. Barnwell, of Charleston, S. C., attorney for Wm. Elliott, "contestee, 
in the matter of the contested election in the First Congressional district of South 
Carolina for a Representative in the Fifty-fifth Congress of the United States of 
America, in which Geo. W. Murray is contestant and Wm. Elliott, contestee, the 
taking of depositions was begun this 13th day of April, A. D. 1897, before R. B. Ander¬ 
son, a notary public in and for the State aforesaid, at the court-house in the city 
and county of Georgetown, in the State aforesaid, at 11.50 o’clock a. m. 

Z. D. Greene, esq., appeared for Geo. W. Murray, contestant, and Walter Hazard, 
esq., for Wm. Elliott, contestee. 

Z. D. Greene, attorney for contestant, reads and files notice. 

GEORGE E. HERRIOT, being duly sworn, testifies: 

Q. Please state your name, age, residence, and occupation.—A. George E. Herriot; 
40 years of age; reside at Georgetown, S. C.; county superintendent of schools. 

Q. How long have you been a resident of this county?—A. Thirty years. 

Q. How long have you held your present office?—A. Fifteen years." 

Q. Have you ever held any position in the Republican party?—A. 1 have been 
county chairman about ten years. 

Q. Where were you during the time the registration books of this county were 
opened at the court-house for the registering of applicants, who applied for registra¬ 
tion certificates during the month of April, commencing on the first Monday of said 
month and the first two whole weeks in May, 1896?—A. I was almost constantly in 
attendance at the registration office. 

Q. Did you notice the manner or action of the board of supervisors of registration 
as to its mode of issuing registration certificates?—A. I did. 

Q. Please state, then, as briefly as possible, the manner in which the board issued 
registration certificates during the time you were there.—A. The board seemed to 
have killed time, in my estimation. A record was kept by myself and others as to 
the number who would apply daily, and as to the number who received their registra¬ 
tion certificates. About three an hour got their registration certificates, and & about 
three were rejected an hour. 

(Counsel for the contestee objects to the testimony given by the witness as to the 
number of applicants registered and the number rejected per hour, upon the ground 


MURRAY VS. ELLIOTT. 499 

that the record which he testifies was kept by him and others at the time is the 
proper evidence upon that point.) 

Q. Did you interview or examine any of the applicants who applied for registra¬ 
tion certificates and failed to obtain them? 

(Counsel for contestee objects to this question upon the ground that it is irrele¬ 
vant and not in response to any testimony taken on behalf of the contestee.) 

A. I did. 

Q. In your opinion, did the board refuse to register any applicants who were 
qualified to pass, and who, in your opinion, would have passed before an impartial 
board? 

(Counsel for contestee objects to this question upon the following grounds: First, 
because it is irrelevant and immaterial; second, because the board of registration is 
the only tribunal vested by law with authority to determine the qualifications of 
applicants for registration, and if that board errs in its judgment the laws of the 
State provide a means of correcting such error by appeal to the courts; third, 
because if any applicants were unfairly rejected the only proper proof of the same 
is by the production of such applicants themselves as witnesses with evidence of 
their qualification at the time of their rejection.) 

A. I thiuk so. 

Q. Did you visit the board of registration during the time it issued registration 
certificates at different points in this county—that is, did you view or notice its pro¬ 
ceedings?—A. I did at Santee, and at Carvers Bay one day, Pee Dee one day, and 
Waverlysone day. 

Q. State what irregularities, if any, took place at any of those places. 

(Counsel for contestee objects to this question upon the ground that it involves 
the expression of an opinion on the part of witness as to what constitutes an irregu¬ 
larity in the administration and execution of tho*registration laws of this State, 
which is a question of law upon which it is not competent for the witness to express 
an opinion.) 

A. At Santee, which is a Republican poll, the registration officers took up more 
time than was necessary, in my opinion, in the examination of applicants. There 
were five or six whom I examined and could read the constitution, were rejected 
because they hapx»eued to mispronounce one word in reading a section of the consti¬ 
tution. At the close of the registration there, there were about seventy-five who did 
not get the chance to appear before the board. They were permitted to go before 
the board one at a time. At Carvers Bay, I was there during the first day of regis¬ 
tration, and this rule was not applied to the white applicants who went in before 
the board in squads of four or five. Colored applicants there were only allowed in 
one at a time. The board of registration while at Carvers Bay on the first day 
issued about one huudred and fifty certificates. At Pee Dee and Waverly the board 
issued an average of thirty a day. There were several at Pee Dee and Waverly who 
could read were rejected. 

Q. How many Democrats were registered at Santee on the day you were there? 

(Counsel for contestee objects to this question upon the ground that it is not in 
response to any issue raised by the pleadings or to any testimony on the part of the 
contestee, and upon the further ground that it is not competent for the witness to 
express an opinion as to the political faith of the applicants for registration.) 

A. Three or four. 

Q. How many Republicans? 

(Counsel for contestee objects to this question upon the grounds just stated, and 
upon the further grounds that it is immaterial to the issues in this case how many 
Republicans were registered at any precinct, and upon the further ground that the 
best and only proper evidence as to who was registered at Santee or any other pre¬ 
cinct is the registration books themselves, and the only competent evidence as to 
the political persuasion of those voters who were registered is the testimony of 
such voters themselves.) 

A. About twenty-eight. 

Q. How many Democrats were registered at Carvers Bay on the day you were 
there? 

(Counsel for the contestee renews the objections made to the two preceding ques¬ 
tions.) 

A. Five-sixths of the total number registered that day. 

Q. How many Republicans? 

(Counsel for the contestee renews the objections made to the preceding question.) 

A. One-sixth. 

Q. How many Democrats were registered at Pee Dee on the day you were there? 

(Couusel for contestee objects to this question upon the grounds above stated.) 

A. Five or six appeared before the board and got certificates. I understand that 
they issued certificates at Plantersville in the morning before opening the books at 
Pee Dee. 


500 


MURRAY VS. ELLIOTT. 


(Counsel for contestee objects to witness testifying as to the opening of the books 
at Plantersville, because by his own admission it appears that such testimony is 
hearsay.) 

Q. How many Republicans? 

(The counsel for contestee renews the objections previously made to this question.) 

A. About thirty. 

Q. How many Democrats were registered at Waverly on the day that you were 
there ? 

(Counsel for contestee renews the objections heretofore made to this question and 
asks that the same may be taken as applying to all similar questions.) 

A. Six or seven. 

Q. How many Republicans?—A. About thirty. 

Q. Were there any applicants who were not able at the closing of the books at 
either of those places to get before the board for a hearing?—A. Yes; great numbers. 

Q. Did you hear the board give any reasons for not hearing those applicants?— 
A. I did not. 

Q. Did the board at any time or at either of the places at which it issued registra¬ 
tion certificates, after having closed its books, reopen them for the purpose of reg¬ 
istering any applicants who had applied after said books were first closed? 

(Counsel for contestee objects to this questiou, upon the ground that it is not in 
support of any allegation in notice of contest, or in response to any issues raised in 
the pleadings; nor is it in reply to any testimony introduced on behalf of the 
contestee.) 

A. They did at Carvers Bay. When the hour of 3 o’clock came they closed the 
books, and numbers of Republicans who were trying all day to get before the board 
left. A good number of Democrats came up a few minutes afterwards and went 
into the registration office, or place where the books were kept that day, and were 
registered. Seeing this proceeding, I sent in one S. S. Moore, colored Republican, 
to obtain his certificate, and he got his likewise, without any questions being asked 
or being put to the test of reading. 

Q. Do you know of any ignorant white Democrats who had been registered by the 
board without being requested by said board to read or explain any section of the 
constitution of this State made in the year of. 1895? 

(Counsel for contestee objects to this question upon the following grounds: First, 
because it is not in support of any allegation in the notice of contest, which con¬ 
tains no charge that any Democrats or white men were unlawfully registered in this 
county by the board of registration; second, because the question is not in reply to 
any testimony on behalf of the contestee. 

A. I can’t recall any by name. 1 know at Carvers Bay no questions were asked 
and very few called upon to read. 

Q. W. F. Pauls, the chairman of the board of registration of this county, testifies 
on behalf of William Elliott, the contestee in this case, that you and others fre¬ 
quently, or on several occasions, remarked to him xhat you were satisfied with the 
actions of said board ; that you believed the board was acting fairly and impartially 
with applicants for registration certificates. Is that true? 

(The counsel for contestee objects to this question, upon the ground that it does 
not correctly state the testimony of Mr. Pauls on this point, and if the counsel for 
the contestant desires to contradict the testimony of Mr. Pauls he should state it to 
the witness exactly as it appears in the record.) 

A. It is not. 

Q. Did you ever assure or state to Mr. Pauls, or any other member of the board of 
registration, that you were satisfied with the actions of the board, or that you 
believed said board was acting fairly and impartially with the applicants who had 
applied for registration certificates?—A. I did not. On several occasions I protested 
with the board on behalf of applicants whom I claimed were rejected without proper 
excuse and because they could not read properly in the estimation of the board; I 
know some that were rejected could read as well as some of the members of the 
board. 

Q. Did you hear or attend all of the political speeches or meetings held or made in 
this city; and if so, please state whether or not any prominent Republican of this 
county or of the First Congressional district of this State, or any of the candidates— 
Republican candidates—made any remarks concerning the board of registration of 
this county to the effect that he or they were informed that said board was acting 
fairly and impartially with applicants for registration?—A. I did attend all meetings, 
so far as I know. I don’t recollect any statement from any speaker or candidate on 
that subject. 

Q. W. F. Pauls and J. C. Lowrimore testified on behalf of William Elliott, the 
contestee in this case, that during the time the registration books were open here at 
the court-house that they heard, on one occasion, George W. Murray, the contestant 
in this case, remarked in one of his speeches before this court-house door that he was 


MURRAY VS. ELLIOTT. 


501 


informed that the hoard of registration of this county was a good hoard, and was 
acting fairly with applicants for registration certificates. If you attended all of the 
political speeches made hy George W. Murray, please state whether or not you heard 
lnm make such remarks.—A Yes; I was present at all of the meetings, and I did not 
hear that remark made in that form. Mr. Murray said, in the course of his speech, 
that lie understood that they were honorable men on this hoard; much piore than he 
could say of some of the other hoards in this State. 

At this point, 2.55 p. m., a recess was taken until 4 p. m. this day. 

R. B. Andei?son t , 

Notaru Public, South Carolina. 

The taking of the depositions was resumed this 13th day of April, A. D. 1897, at 
4.40 p. m. 

Z. D. GREENE, sworn, testifies as follows: 

My name is Z. D. Greene, the contestant’s counsel in this case; my age is 30; and 
reside at Georgetown, S. C.; my occupation is judge of prohate of Georgetown 
county; hold s;iid position about six years or nearly so. During the time the regis¬ 
tration hooks ot this county were opened at this court-house for the registering of 
applicants for registration certificates in the month of April, 1896, 1 was present at 
the court-house each day the hooks were opened in said mouth, and noticed the 
proceedings of the hoard at different times each day. I appeared before said hoard 
several times in behalf of applicants for registration certificates. On one occasion 
when I was before said hoard in behalf of an applicant, Mr. B. H. Ward, secretary 
of the hoard, and 1 had some words concerning the applicant for whom I appeared: 
I don’t remember the applicant’s given name, but I am sure his title is Walker. 
The applicant was refused the privilege of proving himself qualified to register, on 
the ground that the person of that name had applied before, and it seemed or 
appeared that the hoard’s practice was not to readmit au applicant who had applied 
and failed. It was also its practice to tell an applicant when he fails that he could 
reapply within ten days from the date on which he failed. I pointed out to the 
hoard the impossibility of the applicant doing so, showing to the hoard that if the 
applicant had failed on Monday, and the hooks were opened only one week, the 
applicant could not reapply to said hoard in ten days from the day of his failure, 
stating to the hoard that it ought to inform the applicant to reapply within six 
days from the day of his failure; that is, if his failure was on Monday. This state¬ 
ment has reference to the one week opening of the hooks in each month, and not to 
the first six consecutive weeks’ openings. In reference to the applicant Walker, I 
think his name was George Walker, and the applicant proved to the hoard that his 
father’s name was also George Walker. J. A. Baxter and myself proved this to the 
board for applicant. 

As to the testimony of W. F. Pauls and J. C. Lowrimore, given in behalf of the 
contestee in this case to the effect that G. E. Herriot, R. B. Anderson, J. A. Baxter, 
and Frank Lawrence and myself, making expressions as to the fairness of the hoard 
in issuing registration certificates, I don t know about the rest, hut I have never 
made any such expression—that is, that the hoard was acting fairly with applicants. 
There were too many clashes between the hoard and myself on the matter of the reg¬ 
istering of applicants, so much so that B. H. Ward, the secretary, once threatened 
to report me to the grand jury or some legal authority for interfering with the pro¬ 
ceedings of the hoard, when I was only asking, not commanding, the board to grant 
the applicant, Walker, a trial, as he offered to make affidavits that he had never be¬ 
fore appeared before said hoard, and that if anyone had appeared hy the name he 
bears it must of been his lather or someone else. I was at Blakeley’s store the day 
on which the registration hooks were open in the Sampit polling precinct in this 
county. The board conducted its proceedings in said store in which customers pass 
in and out while such proceedings were in progress. I was there before the hooks 
were opened and remained until the closing of the same. The registration officers 
were behind the counter and the applicant was on the outside or opposite side. This 
store was a very small one, and when four or five customers were therein trading 
they must have in some way or other incommode the applicant while the hoard was 
testing his qualifications. I am sure there were at one time a half dozen customers 
in said store, while two or three applicants applied. I was also at Carvers Bay one 
of the days the registration hooks were opened up there, and the hoard would admit 
Republicans at one time and Democrats at another time—that is, applicants. The 
hoard claimed to have given the Republican applicants a half hour at a time and the 
Democratic applicants the same time. I don’t know how the hoard computed the 
time, hut there was a great difference between the Republicans' half hour and Demo¬ 
cratic half hour; the Republicans’being so much shorter. I attended all the Repub¬ 
lican political meetings held in this city and county, and the only speeches that 


502 


MURRAY VS. ELLIOTT. 


were made in this county of any note, in behalf of the Republican ticket, locally and 
nationally, at any Republican meeting in this county, was made by George W. Mur¬ 
ray, contestant in this case. And 1 have been searching my memory ever since I heard 
W. F. Pauls and J. C. Lowrimore testify that they heard the contestant speak in 
approval terms of the board of registration of this county, but I fail to bring to my 
mind the lact that 1 heard the contestant make the remarks attributed to him by 
those two gentlemen, and I am sure I was at the court-house door during the whole 
speech to which they referred, sitting in my buggy waiting on the contestant to 
take him to the depot when he had finished liis speech; which I did. If he ever ex¬ 
pressed himself as being satisfied with the action of the board of registration of this 
county, it must have been at some place in this county where I know not of. I re¬ 
member on one occasion the board refused to examine an applicant who appeared 
for registration certificate, and who was so badly paralyzed that one of his arms was 
withered and could not be moved at any distance from his body in the way of nse, 
upon the ground that he had no poll tax receipt, and unless he goes to a doctor and 
procure a certificate, showing that he was so maimed that he could not earn his 
support by manual labor, they would not examine him. I prepared an affidavit for 
this applicant, whose name, I think, is John MLshow. In order that the board would 
have some proof of the applicant’s condition, as he could not obtain a certificate 
from any of the doctors unless he could pay a fee of $1, which he says he was unable 
to do, I then went before the board with the applicant and submitted that section 
of the revised statutes of this State, of 1893, which exempted the applicant from 
poll tax on account of his condition. After some unnecessary delay, I believe the 
board gave him a trial. 

Cross-examination by W. Hazard, counsel for contestee: 

Q. Please state on how many days during the six weeks’ registration last year you 
were present observing the proceedings of the board of registration and how long 
you remained in the presence of the board each day.—A. I observed the proceedings 
of the board each day, commencing on the first Monday in April, 1896, and continu¬ 
ing to the last day of said month, Sunday excepted. I did not remain before the 
board but a few minutes, because the board seldom if ever allowed any leading 
Republican to remain while an applicant was reading or explaining, fearing the sec¬ 
tions that were being read or explained would become known to the Republican 
leaders, and they would post the Republican applicants on them. 

Q. How do you know the board feared such a thing as that?—A. Because I was 
of the opinion that those applicants who were not well prepared would be prepared 
by the Republican leaders, and more especially so if the sections were known by 
the leaders. 

Q. Did the board give that as a reason for not wishing the Republican leaders to 
be present very long?—A. Y^es. 

Q. In what capacity and for what purpose did you attend the sessions of the board 
so frequently?—A. In the capacity of a Republican only, and for the purpose of 
explaining to the board anything that would assist both the board and the appli¬ 
cant. 

Q. AVas not one of your objects in going before the board to ascertain what sec¬ 
tions of the constitution were being submitted by the board to applicants to be read 
or explained?—A. No, sir; I could find out that by interviewing or interrogating 
the applicants, as I had a copy of the constitution in my office. 

Q. Did you, by such interviews and examinations, ascertain what sections were 
being used by the board from time to time?—A. I did; after I saw the board turn 
away from six to seven applicants, one after the other, I then became aware that the 
board was not dealing fairly with the applicants, and therefore sought somewhere 
or means by which to assist the applicants to overcome what I considered unjust 
treatment. 

Q. Did you consider the mere fact that an applicant had been rejected sufficient 
evidence that lie had been unjustly treated?—A. No, sir; I examined some who were 
rejected, and knew from their manner of reading was sufficiently qualified and would 
have passed before an unbiased board. 

At this point, 7 p. m., an adjournment was taken until 3 p. m., Wednesday, April 
14, 1897. 

R. B. Anderson, Notary Public. 

Georgetown, S. C., April 13, 1S97. 

The taking of the testimony was resumed this 14th day of April, 1897. 

Z. D. GREENE testifies further: 

Q. What use did you make of the information which you obtained as to the sec¬ 
tions of the constitution which were being submitted by the board to applicants?— 
A. I made no persoual or particular use of them. 



MURRAY VS. ELLIOTT. 


503 


Q. Did you not take those sections and undertake to instruct other Republicans 
in reading them ! —A. I did not, as the applicants were generally aware that the 
tirst sections, with but few exceptions throughout the constitution, were being used. 

Q. Were you aware, also, that those sections were being used?—A. I was, after 
interviewing the applicants, as I stated before. 

Q. Did you not drill or instruct other persons in reading those sections, in order 
to prepare them, as far as possible, to stand the examination before the board?—A. 
I instructed them on words that were hard for them to pronounce. 

Q. Were those words in the sections to which you have referred?—A. Some were. 

Q. Is not instruction in the pronunciation of words the same thing as instruction 
in reading the sections containing those words, especially when the person whom 
you are instructing is being prepared by such instruction for au examination, in 
which he may be required to read those sections if he can?—A. I don’t think so. I 
may instruct a person how to pronounce a single word in a section or sentence with¬ 
out instructing him how to properly read a sentence or section by giving the proper 
emphasis or making the proper stops or pauses. 

Q. Is it your opinion, then, that a person can not read properly without giving 
the proper emphasis to the words and making the proper pauses?—A. No. 

Q. Do you mean that it is not your opinion?—A. I do. 

Q. In your opinion, can a person read correctly who does not know how to pro¬ 
nounce words?—A. In my opinion, a person may be able to pronounce a word suffi¬ 
ciently proper for his reading to be understood, while such a pronunciation could be 
more properly made. 

Q. Would you call that kind of reading correct reading?—A. It may not be cor¬ 
rect reading, but if the proper sense was conveyed I would say the person read 
understanding^. 

Q. Do I understand you to mean that the correctness of a person’s reading and the 
question of his ability to read depend upon the power of the listener to understand 
the reading, in spite of his errors, and not upon the manner in which he pronounces 
his words?—A. I do not. 

Q. Do you consider instruction in pronunciation an unnecessary part of instruc¬ 
tion in reading?—A. I do not. 

Q. Do you consider it is necessary?—A. Sufficiently for the hearer to understand. 

Q. If I should pronounce the word scruples so as to give it the sound of scrup-less, 
would you say I read correctly?—A. 1 would not; but if you pronounce it so that it 
would have the sound of sernples I would say you read understandingly. 

Q. Is there any provision in the constitution of 1895, or in the registration law of 
1896, requiring voters to pronounce words properly in order to be entitled to regis¬ 
tration?—A. The constitution of 1895 is supreme to the legislative acts of 1896, and 
it says the applicant must read or explain, not saying whether he must read cor¬ 
rectly or incorrectly, or explain clearly or obscurely. 

Q. You have not answered my question, which is simply whether the constitution 
or the registration act contains any requirements as to the pronunciation of words. 
Does either of them contain any such requirements?—A. The constitution does not. 

Q. Does the registration act of 1896 contain any?—A. If it does, it would be, as I 
consider it, unconstitutional. 

Q. Do you know r w’hether or not it contains it?—A. As far as I have examined it, 
I saw no such requirement. 

Q. Have you read the whole registration act of 1896?—A. I have, and if there is 
any such requirement I don’t just now remember it. 

Q. If there is no provision in the constitution of 1895, or in the registration act of 
1896, as to the pronunciation of words by applicants lor registration, why did you 
consider it necessary to take the time and trouble to give instructions on that sub¬ 
ject to persons w r ho were about to apply ,for registration certificates?—A. I took no 
time or trouble, as the applicants would come to me while in my office, and ask me 
to pronounce certain words or explain certain sections; I did so, and they would go 
off after I got through. 

Q. You have already stated in reply to a previous question that you instructed 
some persons in the pronunciation of words in the constitution. Why did you do 
that and for what purpose ?—A. I think I stated my reason and purpose then, because 
as I had discovered the board would select such questions to submit to the applicant 
as the applicant would likely fail on. 

Q. Did you not expect by these instructions to assist the applicants in reading the 
sections submitted to them by the board?—A. I did, as I said before, after I found 
out that the board was selecting sections with hard words in order that many would 
not pass. 

(The counsel for the contestee objects to the testimony of the witness as to the 
nature and difficulty of the sections said to have been submitted to applicants by 
the board because it is not in response to the question propounded to the witness, 
and also because by the witness’ own admission it is based upon information obtained 
from interviews with the applicants and is therefore hearsay.) 


504 


MURRAY YS. ELLIOTT. 


Q. Is it not a fact that when the hooks of registration were opened in Georgetown 
there were frequently a number of persons assembled in your office in the court¬ 
house engaged under your instruction and with your assistance in studying the 
constitution and trying to learn to read it!—A. No, sir; none came trying to learn 
to read, as I made it my business to be here each morning in the month of April, 
1896, on which the books were opened before time for their opening and had ray 
office open; different applicants would come in, it seemed more for a rest by obtain¬ 
ing seats than for anything else; while in there they would ask information con¬ 
cerning certain sections and words in the constitution; I have taught or instructed 
many applicants in front of the court-house on the sidewalk by pronouncing and 
explaining to them words in the constitution. 

Q. Did you instruct any in your office!—A. I did, by pronouncing and explaining 
sections and words in the constitution to them. 

Q. Did you give any instruction in reading the constitution or any part of it?—A. 
I did. 

Q. Are you a lawyer by profession?—A. I am. From December, 1890. 

Q. Did you not post yourself as to the provisions of the constitution and the reg¬ 
istration act in order that you might assist applicants for registration and advise 
them as to tin ir legal rights, and also represent them as occasion might require in 
securing those rights?—A. I did not; that is, post myself on the acts. Having had a 
general knowledge of the requirements of the constitution I did inform some that 
they could appeal to the courts from the decision of the board, but none did so, 
claiming what little cost there would be they were not able to pay, and that several 
in Beaufort County, in this State, had applied to the court sitting therein and 
pointed out to me that by newspaper report, their application or appeal was with¬ 
out favorable results. 

(Counsel for contestee objects to so much of the answer of the witness as gives 
the reasons why applicants in this county did not appeal from the decision of the 
board of registration upon the ground that such testimony is hearsay.) 

At this point, 7 p. m., April 14, 1897, an adjournment was taken until 10 a. m., 
A}>ril 15, 1897, counsel for contestee consenting. 

R. B. Anderson, 

Notary Public, South Carolina. 

Georgetown, S. C., April 15, 1897. 

The examination of the witness, Z. D. GREENE, was resumed at 10.45 a. m. this 
day. 

Q. Did you not know at that time that the law allowed to rejected applicants the 
right to appeal within ten days?—A. I did. 

Q. Did you not, as a prominent leader of the Republican party, and as a lawyer, 
give your legal opinion to all those who consulted you as to their rights under the 
constitution and the registration law of South Carolina?—A. None asked my opinion. 
I told several that they could appeal from the decision of the board of registration 
of this county. 

Q. You stated in your direct examination that the board had refused to examine 
one Walker, on the ground that a person of the same name had previously applied, 
and that you had proven to the board that this applicant’s father bore the same 
name. Please state whether you know of your own knowledge that this applicant’s 
father had previously applied.—A. I do not; but told the board that as the appli¬ 
cant was willing to make affidavits that his father’s name was George Walker, and 
that he believes that his father had applied, aud that he had never before applied; 
also stated to the board that I knew the applicant’s father’s full name to be George 
Walker, so did J. A. Baxter, and I believe the board gave the applicant a trial. 

Q. You mean to say that the board did give the applicant a trial after that show¬ 
ing?—A. I mean to say that they did. 

Q. Did you not appear before the board and make an argument or statement as to 
their right to reject applicants who had been convicted of disqualifying crimes 
before the adoption of the constitution of 1895?—A. I made statements to the board 
in behalf of rejected applicants, but none was convicted of any crime that I 
appeared for. 

(Counsel for contestee objects to the statement by the witness tbatnone for whom 
he appeared had been convicted of crime on the ground that it is hearsay testimony.) 

Q. Do you assert positively that it was the board’s practice to tell a rejected appli¬ 
cant that he could reapply within ten days?—A. I assert positively that I have heard 
the board tell applicants that they could reapply ten days from the day on which 
they failed I took the expression to mean within ten days, and have sent some 
applicants back three or four days after the day on which they failed, and the board 
refused to hear them. 

Q. Do you know of your own knowledge that the board refused to hear them?— 
A. I do. I mean by refused to hear them, that the board refused to give them a trial 
or examination. 



MURRAY YS. ELLIOTT. 505 

Q. Please state the names and number of those applicants.—A. I took no account 
of their names. 

Q. How many were there?—A. I don’t know the exact number; there were several. 

0* ^. ere they as many as twenty?—A. I am sure there were more than a hundred. 

Q. Did the constitution or the registration act require the board to give applicants 
a second trial?—A. I don’t think so. 

Q. ihen, it the board voluntarily in its discretion offered to give applicants a 
second trial, was it not extending to the applicants a privilege which even the law 
did not give them?—A. I don’t think so, as the constitution nor the registration act 
prevents an applicant from applying more than once. 

Q* h)° you mean to say that under the constitution and the registration act a per¬ 
son has the legal right, and had the legal right last year to apply for a certificate as 
often as he saw fit ?—A. I think so, under the constitution, espechally when the appli¬ 
cant would reapply while the board was idle. 

Q. If 20 illiterate men, who had been rejected by the board on the first day when 
the books were opened last year, had presented themsel ves on each succeeding day 
as long as the books were open, and demanded fresh examinations, would the board 
have been denying them a constitutional and legal right by refusing their demands?— 
A. It would, if the applications were made while it was idle. 

Q. Then, in your opinion, a constitutional right as fundamental and vital as that 
of suffrage, depends largely upon the accidental circumstances of the idleness of the 
registration officers. Is that your conception of the nature of a constitutional right?— 
A. It is not. 

Q. Did not Mr. W. F. Pauls, in reply to a question by you, positively deny, on 
March the 18th, 1897, while testifying as a witness on behalf of the contesitee, that it 
was the practice of the board to tell applicants that they could reapply within ten 
days?—A. I don’t remember his testimony on tha\point. 

Q. Do you know of your own knowledge that any applicant lost his right of 
appeal and neglected to avail himself of it because he was misled by the board into 
the belief that he could apply a second time?—A. I do. 

Q. Please state the names of such applicants and their number.—A. I made no 
record of their names. A goodly number was deceived. 

Q. Please state to me how you know that they were deceived.—A. While my official 
duty did not require me to be in my office I was on the sidewalk in front of the court¬ 
house while the books were opened, and heard applicants say to Mr. Pauls and 
Lowrimore, at different times, that you all told us to come back, and after we came 
you won’t give us a second trial. Mr. Paul and Lowrimore would at different times 
be leaning on the balusters or railing of the court-house doing nothing. 

(The counsel for contestee objects to this testimony, on the ground that it now 
appears that the witness’ knowledge is based upon information obtained from others 
not under oath, and his testimony is therefore hearsay, and upon the further ground 
that if these matters are not within the personal knowledge of the witness it is in 
violation of the laws of evidence for him to inject them into the record, the only 
proper method of establishing such alleged facts being the examination under oath 
of the applicants who are claimed to have been deceived.) 

Q. Are you willing to swear that you know it to be an absolute fact that any 
rejected applicant had a bona fide intention to appeal from the decision of the board, 
which intention he did not execute, for the reason that he was deceived by the board 
with the statement that he could reapply within ten days?—A. I am. 

Q. If so, I now ask you, under the sanction of your oath, to give me the names 
and number of those applicants.—A. As I stated, I made no record of their names. 
Some I don’t know by their names; they live in the country, at some distance from 
here. 

Q. I ask you further, under the sanction of your oath, why, as the friend and 
political supporter and attorney of the contestant in this case, you did not summon 
as witnesses on his behalf those applicants whose names you did know, in order to 
prove by their oaths that they had been deprived of the right of appeal by the false 
and disingenuous statements of the board, when such a fact, if it could be proven by 
proper evidence, would be so material and important to the interests of the contestant, 
and when you, as a lawyer, should know that these facts could not be legally estab¬ 
lished by hearsay testimony on your part or on the part of any other person?—A. I 
was not the attorney for the contestant at the time the statements referred to above 
were made, and had' no idea that he would have to contest for his seat in Congress, 
and was not until the taking of testimony by the contestee in this case had begun 
in this county; and in the taking of this testimony I only summoned those witnesses 
that I considered necessary to rebut the testimony given by W. F. Pauls and J. C. 
Lowrimore, believing or thinking that such witnesses had testified on behalf of the 
contestant when he took testimony in this county a month or two ago. 

Q. Did you ever communicate to the contestant or to his attorney, .1. I. Washing¬ 
ton, the names of these deceived applicants and the circumstances under which you 
say they were tricked out of their right of appeal?—A. I don’t think so. 


506 


MURRAY VS. ELLIOTT. 


Q. Did you know at the time when testimony Avas being taken by the contestant in 
this county t hat J. I. Washington, of Beaufort, was his attorney?—A. I did. 

Q. Was not the contestant’s attorney, .J. I. Washington, a guest at your house 
while he was taking testimony in this county?—A. He was a boarder. 

Q. How long have you been a friend and political supporter of G. W. Murray?— 
A. I am no special friend of G. W. Murray. I supported him in the Republican cam¬ 
paign of 1892, when he did not know me. I succeeded iu securing the delegation of 
this county for him to the Congressional convention in which he was nominated. I 
did this because I liked his politics, and supported him ever since on the same 
ground. 

Q. Are you his friend?—A. Politically so. 

Q. Are you his friend personally?—A. 1 am not. 

Q. Is he your friend personally?—A. Not as I know. 

Q. How iong have you known him personally?—A. I have been acquainted with 
him ever since the campaign of 1892. 

Q. Was it not generally understood and believed throughout this State and in this 
county during the greater part of last year that it was the intention of the Repub¬ 
lican leaders iu the State to contest the legality of the new constitution and the reg¬ 
istration law before the courts or before Congress, by contests for seats in the House 
or otherwise?—A. I don’t think so. The majority of the prominent Republican lead¬ 
ers were not candidates. 

Q. Do you not know that Mr. L. D. Melton, of Columbia, a prominent lawyer and 
Republican politician of this State, early in the summer of 1896, announced his pur¬ 
pose, on behalf of the Republicans of South Carolina, to attack in the courts the 
validity of the new constitution, so far as the right of suffrage is concerned, and 
that he subsequently commenced legal proceedings for that purpose?—A. I have no 
reliable recollection of such. I think the Republicans generally were watching the 
action of the United States Supreme Court relative to the case on tile. 

Q. What case was that?—A. Registration case. 

Q. Did not that case arise out of the old registration law as it existed prior to the 
constitution of 1895?—A. It did. 

Q. It was testified by Mr. W. F. Pauls and Mr. J. C. Lowrimore, witnesses for the 
contestee, that it was the practice of the board of registration to inform rejected 
applicants that they had the right of appeal. Inasmuch as the words “appeal” and 
“apply ” are similar in sound, is it not possible that you may have misunderstood 
the board and supposed they were telling the applicant that he could apply again 
when, as a matter of fact, they were telling him that he could appeal?—A. No, sir; 
there was no such misunderstanding. 

Q. You stated in your direct examination that you were at Blakely’s store when 
the registration books were open there, and that customers passed in aud out during 
the registration. Did the occasional presence of these customers cause sufficient 
confusion to compel the board to suspend proceedings, or the applicant to withdraw 
from the examination, or did it cause any applicant to claim that he was disturbed 
or confused?—A. It did. Several said if they were in a quieter place they would 
have been able to read better. 

At this point (2.10 p. m.) a recess was taken until 3.30 p. m. 

R. B. Anderson, Notary Public. 

The taking of testimony was at 4.20 p. m., resumed, Z. I). GREENE, being still 
examined. 

Q. Do you mean to say that the board was forced by the noise and confusion to 
suspend its proceedings?—A. I do not. 

Q. Pleasu state whether, in your own opinion, the noise was great enough to pre¬ 
vent a man who knew how to read from reading.—A. It would not prevent a very 
good reader, but it would embarrass an ordinary reader. 

Q. Please state whether any of those applicants who said that if they were iu a 
quieter place they could have read better made complaint to the board about the 
noise, and asked to have it suppressed.—A. I believe some did. 

Q. Did you see and hear them make such complaint to the board, and are yon 
willing to state under oath that you know it of your own knowledge?—A. I heard 
some tell the board, the entrance door to the store being closed, it rendered the store 
a little dark, and customers trading at the time and moving about in the store 
annoyed them. 

Q. You stated that at Carvers Bay the board claimed or pretended to allow a half 
hour to Democratic applicants, and a half hour to Republican applicants, alternately, 
but that the time given the Republicans was much shorter than that given to the 
Democrats. Did you keep a reckoning of the time by your watch?—A? I did, and 
had correct time. Left Georgetown, S. C., that morning for Carvers Bav at 6 or 
6.30 a. m. 


MURRAY VS. ELLIOTT. 


507 


Q. What was the excess of time in each hour allowed the Democrats, over and above 
that allowed the Republicans?—A. From ten to twelve minutes. 

Q. What was the total excess for the whole time you were there?—A. I kept no 
record tor the whole time the books were opened on that day; I only noticed the 
difference between the two half hours. 

Q. If any Republicans in that precinct, who were legally qualified and entitled to 
be registered, were deprived by this unfair division of time of the opportunity to 
obtain certificates, please state their number and names.—A. I kept no record as to 
the number or names; several were left out who I believe would have passed if 
examined. 

Q. Do you know whether or not any such persons were summoned and examined as 
witnesses on behalf of the contestant, to prove their unfair exclusion by the board, 
when the contestant was taking testimony in this county in this case in February 
last?—A. I do not. 

Q. Please state the names and number of Republican applicants whom you heard 
complain to the board of the noise and darkness at Blakeley’s store.—A. Robert 
Davis, and another whose title was Shackelford, are the only two I can readily call 
to memory. 

Q. Could they read?—A. They could. 

Q. Have they testified to these facts as witnesses on behalf of the contestant in 
this case?—A. I don’t think so; I don’t think the contestant had any information 
of the facts. 

Q. Knowing as you did the fact that the contestant assailed the fairness of the reg¬ 
istration in this county in his notice of contest, did you not communicate these facts 
to the contestant or his attorney?—A. I have never seen the contestant’s notice of 
contest, and I believe through the county Congressional chairman that lie got his 
information of illegality and irregularities of thv acts of registration officers, from 
the precinct chairmen in this county. 

Q. Did you not know as a lawyer and a Republican that it would be to the 
interest of the contestant to be informed of any irregularities or unfairness in the 
administration of the registration law?—A. I do, and was of the belief that he was 
informed. 

Q. Did you communicate information as to these irregularities at Blakeley’s store 
and Carvers Bay to the Republican county Congressional chairman?—A. I did not. 

Q. You testified in your direct examination that you had great difficulty in pre¬ 
vailing upon the board to hear the application of John Mishow, one of whose arms 
was paralyzed. Do you not know as a matter of fact that John Mishow is now 
earning a living by manual labor at the residence of Mr. B. I. Hazard, in this city, 
where lie is employed regularly as a hostler and stableman?—A. I do not; at the 
time Mishow applied, he claimed he had no poll-tax receipt, and stated to the 
board that he had been exempted from poll-tax payment for years on account of his 
condition. 

Q. Do you not know as a matter of fact that John Mishow last year, without assist¬ 
ance, whitewashed a large two-story frame warehouse on Front street in this city, 
belonging to Mr. M. Moses, which is not more than 100 feet from the residence in 
which I live? 

(Counsel for contestant objects to this question on the ground that the best proof 
and evidence as to John Mishow having whitewashed such a building would be his 
own testimony.) 

A. I do not; John Mishow might have gotten much better since the time he applied 
and the time lie did the whitewashing, if the same was done by him as stated in the 
question. 

Q. How long have you known John Mishow?—A. A couple of years. 

Q. Was his arm paralyzed when you first knew him?—A. I think it was; and from 
his manner of walking it appeared to me as if one of his legs was, too. 

Q. Do you believe that John Mishow whitewashed that warehouse last year? 

(Counsel for contestant objects to this question on the ground previously stated.) 

A. I would not doubt your veracity, but my belief is that John Mishow s testimony 
is the more competent. 

Q. Is it your opinion, as a matter of law, that John Mishow’s testimony is better 
than your own and more competent to show whether you believe he whitewashed 
the warehouse or not? 

(The counsel for contestant objects to this question upon the grounds that it 
involves a question of law in which the witness' opinion may or may not hold good, 
and upon the further ground that John Mishow’s testimony would be the very best 
on that point.) 

A. I had no information of John Mishow ever having done the work stated in your 
question, heretofore put to me, and the only information that I now have is what 
was embodied in your question. 

Q. Do you not know as a matter of fact that John Mishow was for a long time in 


508 


MURRAY VS. ELLIOTT. 


the employ of my brother. Mr. A. P. Hazard, whose cows and stock he fed and 
watered and cared for, milking the cows and delivering the milk to the customers? 

(Counsel for contestant objects to this question upon the ground, first, that it is 
irrelevant and immaterial, inasmuch as said services could have been rendered by 
the said John Mishow when he was in a condition to do so, if he was in the employ¬ 
ment of Mr. A. P. Hazard any length of time; secondly, that the testimony of John 
Mishow, as to the services stated in the question to have been rendered by him, 
would be most competent.) 

A. I do not. 

Z. D. Greene. 

Sworn to before me this 15th day of April, A. D. 1897. 

[seal.] 1 R. B. Anderson, 

Notary Public, South Carolina. 

The cross-examination of G. E. HERRIOT, which was deferred on April 13, 1897, 
by consent of counsel for contestee, was begun this 15th day of April, 1897, at 7 p. in. 

Cross-examination by Contestee’s Counsel: 

Q. You stated in your direct examination that you and others kept a record of 
the number of applicants who applied daily for registration and the number who 
received certificates. Was that record in writing?—A. I simply kept a tally sheet 
of the number who received certificates and the number who were rejected. 

Q. Did the list include white men?—A. It did not. 

Q. Where is the list?—A. I did not think it of sufficient importance to preserve it, 
and made it at the time to note the progress of the registration of Republican voters, 
as we had decided to obtain a complete list of all the voters, at the final closing of 
the books of both white and colored voters, from the clerk of the court, who is the 
custodian of the registration records. 

Q. Were you present while the board examined the applicants?—A. I was when 
the books were first opened; say, for a couple of weeks, off and on; but thereafter 
was seldom present, for the board made objections to outsiders being present. 

Q. At about how many examinations per day were you personally present during 
the first two weeks?—A. About ten or twelve. 

Q. You said in your direct examination that some persons, who in your opinion 
were qualified, were rejected by the board. Please state the number of such persons 
and their names.—A. I can’t remember just now the number, but I do know there 
were a great many, some that I am not personally acquainted with sufficiently to 
recall their names at this time. I recollect, however, the names of Stephen Price, 
one Joe or Ben Lawrence, and Rutledge Johnson, all of whom read in the constitu¬ 
tion in my presence, and in my estimation were sufficiently qualified to have received 
certificates. 

Q. Did the applicants whom you have named appeal to the courts from the deci¬ 
sion of the board?—A. They did not, as they was advised that it would be useless 
and a waste of time and money, as Ben Tillman and other leaders in the Democratic 
party had asserted that the constitutional convention was called to disfranchise the 
negro voters of this State. 

Q. Did you give them this advice?—A. I did. 

Q. Did you know that both the constitution and the registration act of 1896 pro¬ 
vided the right of appeal for rejected applicants?—A. 1 did; but Republicans felt it 
would be‘Gove’s labor lost,” as it was a foregone conclusion that no white men 
were to be disfranchised, but the colored vote were to be eliminated. 

Q. Did you inform any applicants that they had a legal right, to appeal?—A. I 
did, but advised against it. 

Q. Did Stephen Price, Joe or Ben Lawrence, and Rutledge Johnson testify in this 
case as witnesses on behalf of the contestant?—A. I don’t know. 

Q. You stated that at Santee precinct the board rejected five or six applicants 
because they happened to mispronounce one word in the section of the constitution 
submitted to them by the board, whom you examined and found that they could 
read the constitution. Please state the names of these persons.—A. I can’t recall 
their names, as I did not make record of them. 

Q. Have they, or either of them, testified as witnesses on behalf of the contestant 
in this case?—A. I can’t say, for the reason I don’t know any of the witnesses sum¬ 
moned in this case, as I have not seen the list of the same. 

Q. Did they appeal to the courts?—A. They did not. 

Q. Is it your opinion that no judge in South Carolina could have been found last 
year who would give a full hearing and impartial judgment in case of appeal by a 
Republican voter from the decision of the board of registration ? 

(Counsel for contestant objects to this question, on the ground that the witness 
should not presume to know the action of any of the judges of the State, and even 
if he had so believed, this alone would not have enabled the applicants to reach the 
courts.) 


MURRAY VS. ELLIOTT. 


509 


A. I believe that the judiciary in South Carolina is as fair and impartial in its 
decisions as any other in the country, save in politics, as I have seen honorable and 
learned judges supplanted for political reasons by men of their own party, because 
they could not be trusted to render decisions suitable to a faction in their own party. 

Q. Were you personally present at Santee precinct at the examination by the 
board of live or six applicants who you say were rejected, although qualified?—A. 

I was not in the immediate presence of the board, but stood on the outside and could 
hear and see what was going on. 

Q. When you say that these men were rejected because they mispronounced one 
word, do you state that as an absolute fact within your own knowledge, based upon 
your hearing the applicant’s reading or trying to read before the board?—A. When 
I said one word, I did not mean to restrict all who were rejected on the ground of the 
mispronunciation of one word only; some were rejected because they failed to pro¬ 
nounce two or three words, and others because of one word only. I recall the word 
“executive,” for instance; a great many pronounced it “ex-e-cu-tive” and were 
rejected for so doing; and so with other words. 

Q. You misunderstood the scope of my question. I am asking you whether your 
testimony as to the grounds of the rejection of tbe live or six applicants who you 
say were qualified is based upon your own personal knowledge of the manner in 
which they read before the board, or upon the report made to you, after the exami¬ 
nation by the applicants themselves?—A. I examined each applicant and tested their 
ability to read in the constitution before they made application to the board, and 
only those who could read were allowed to make the trial; others who, in my judg¬ 
ment, could not read sufficiently, were kept away and advised to continue to study 
in their chibs of instruction. 

Q. You have not answered my question. I desire to know whether you can swear 
upon your own personal knowledge that these applicants were rejected for the mis¬ 
pronunciation of a word or words because you heard them read before the board 
and heard the board pronounce judgment thereon, or whether your information as to 
the cause of rejection was obtained afterwards from the applicants themselves?—A. 
I was in hearing distance and know of this matter personally. 

Q. You stated it, then, as a matter which you know of your own knowledge?—A. 
Yes. 

Q. You stated that at the closing of the registration books there were about 75 
persons present who had not had a chance to appear before the board. Was this 
because the board had refused to receive* or hear their applications?—A. ’Twas not; 
but the board, in my judgment, dallied with time in the examination of each appli¬ 
cant they issued certificates to or those whom they rejected. 

Q. Do you mean to charge that the board deliberately did this in order to consume 
time and deprive waiting applicants of an opportunity to be heard?—A. My experi¬ 
ence has been that the board could expedite their work when it was suitable to them 
and other times kill time. 

Q. If the board had unduly hastened the examination of applicants in order to 
make room for others who were waiting, would there not have been equally as just 
cause of complaint on the ground that applicants were not being afforded a reason¬ 
able opportunity to prove their qualification?—A. There would be If such were the 
facts in the case. 

Q. If you were charged with the duties of a registration officer under the laws of 
this State would you not take, as a matter of course, that your own judgment and 
official discretion and tbe circumstances of each particular case should determine 
your conduct as to the length of time requisite for testing the qualification of an 
applicant? 

(Counsel for contestant objects to this question, on the ground that the witness, not 
being charged with such duties, his testimony as to what he would have done or do 
is not competent testimony.) 

A. I would, but not keep an applicant before the board an undue length ot time, 
to the disadvantage of others who were seeking an opportunity to be heard. 

Q. How many persons applied for registration at Santee on that day ?—A. About60. 

Q. How many hours was the board in session?—A. Six. 

Q. Do you not know that it is perfectly possible for any ordinary reader who may 
read one section of the constitution properly to fail to read properly some other 
section when submitted to him, inasmuch as all the sections are not equally difficult 
to read?—A. It is; but I do not think the constitution states whether an applicant 
should read properly. 

Q. How many different kinds of reading are there which, in your judgment, would 
comply with the requirements of the constitution?—A. I think if an applicant can 
read that it is sufficient to know that he can read, whether properly or improperly, 
as a like instance in an applicant who could write but wrote illegibly. 

Q. If the applicant, then, should read, but read so improperly that the registra¬ 
tion officer could not understand what lie was reading, would he, in your opinion, 
still be entitled to a certificate?—A. He would not. 


510 


MURRAY VS. ELLIOTT. 


Q. I)o you know whether any of the 75 persons at Santee who failed to get a 
hearing before the board could read and were otherwise qualified by law to register ? 
And if so, how many, and what were their names?—A. I do, because some of those 
who did not get the opportunity there subsequently came to the county seat and 
appeared before the board. I do not recall names. Some passed and others were 
rejected. 

Q. Do you mean that some of those who subsequently applied at Georgetown and 
were rejected could read?—A. I can’t say. 

Q. You stated, in your direct examination, that there were several applicants at 
Pee Dee and Waverly who could read, but were rejected by the board. Please state 
the number and names of such applicants.—A. There were four or five at each place, 
but I do not remember their names just now. 

Q. Have any of such rejected applicants testified as witnesses in this case on 
behalf of the contestant?—A. I don’t know. 

Q. Please state, if you can, the names of all the applicants at all of the precincts 
in this county whom you know, of your own knowledge, to be able to read the con¬ 
stitution of this State and to be otherwise qualified who were, to your own knowl¬ 
edge, rejected by the board, in addition to those whose names you have already 
given me.—A. I kept no record myself, but a record, I think, was kept by others, 
and I don’t recall any. 

Q. How many days were the books opened at Carvers Bay?—A. Two days. 

Q. How many days were you present?—A. One. 

Q. You stated that the books closed at 3 p. in. aud that a number of Republicans 
who had been waiting for a hearing left. Can you tell me, of your own knowledge, 
whether any of those Republicans returned on the second day and had a hearing 
before the board ?—A. I can’t. 

Q. Can S. S. Moore read?—A. Yes. 

Q. Please state whether you have ever heard the adage that the only way to do a 
thing is to do it right, and, whether in your opinion, it applies to the reading of the 
constitution of South Carolina. 

(Counsel for contestant objects to this, on the ground that it is irrelevant and has 
no bearing on any of the facts in this case.) 

A. I have heard the adage, but it does not, iii my opinion, apply to the constitu¬ 
tion of South Carolina, for if it had one-half of the Democratic voters of the State 
would be in the same category with the Republicans. 

Geo. E. Herriot. 

Sworn to and subscribed before me this 15th day of April, A. D. 1897. 

[seal.] R. B. Anderson, 

Notary Public, South Carolina. 


Counsel for contestant here reads and files five certificates of commission setting 
forth the powers of the persons therein named, the same being under the signature 
of D. H. Tompkins, secretary of state, and bearing the seal of the State of South 
Carolina, and are marked Exhibit A, B, C, D, and E, respectively. 

The taking of the depositions of the within witnesses was begun on the 13th day 
of April, A. D. 1897, and closed on the 15th day of said month. 

R. B. Anderson, 
Notary Public, South Carolina. 

Exhibit A. 


State of South Carolina, Office of Secretary of State: 


I, D. H. Tompkins, secretary of state, hereby certify that S. A. Walker was com¬ 
missioned notary public 25th October, 1894, as appears from the records of this office, 
and has been continuously since. 

Given under my hand and the great seal of the State, at Columbia, on this the 13th 
April, A. D. 1897, and the one hundred and twenty-first year of the independence of 
the United States of America. 


[SEAL.] 


Exhibit B. 


D. H. Tompkins, 
Secretary of State. 


State of South Carolina, Office of Secretary of State : 

I, D. H. Tompkins, secretary of state, hereby certify that P. W. Wilson was com¬ 
missioned notary public 2d November, A.D. 1894, as appears from the records of this 
office, and has been continuously since. 

Given under my hand and the great seal of the State, at Columbia, on this the 13th 
April, A. D. 1897, and the one hundred and twenty-first year of the independence of 
the United States of America. 

[seal.] D. H. Tompkins, 

Secretary of State. 


MURRAY YS. ELLIOTT. 


511 


Exhibit C. 

State of South Carolina, Office of Secretary of State: 

I, p. H. Tompkins, secretary of state, hereby certify that Daniel Davis was com¬ 
missioned notary public 2d November, 1894, as appears from the records of this 
office, and has been continuously since. 

Given under my hand and the great seal of the State, at Columbia, on this 13th 
day of April, A. D. 1897, and the oue hundred and twenty-first year of the inde¬ 
pendence of the United States of America. 

[seal.] d. H. Tompkins, 

Secretary of State. 

Exhibit D. 

State of South Carolina, Office of Secretary of State: 

I, D. H. Tompkins, secretary of state, hereby certify that .1. W. Johnson was com¬ 
missioned notary public 3d November, 1894, as appears from the records of this 
office, and lias been continuously since. 

Given under my hand and the great seal of the State, at Columbia, on this 13th 
day ot April A. D. 1897, and in the oue hundred and twenty-first year of the inde¬ 
pendence of the United States of America. 

[seal.] D. H. Tompkins, 

Secretary of State. 

Exhibit E. 

State of South Carolina, Office of Secretary of State: 

I, D. H. Tompkins, secretary of state, hereby certify that R. E. Brockington was 
commissioned notary public 2d November, A. ii. 1894, as appears from the records of 
this office, and has been continuously since. 

Given under my hand and the great seal of the State, at Columbia, on this the 13th 
April. A. D. 1897, and the oue hundred and twenty-first year of the independence of 
the United States of America. 

[seal. J D. H. Tompkins, 

Secretary of State. 

State of South Carolina, County of Georgetown: 

T, R. B. Anderson, a notary public in and for the State of South Carolina, do hereby 
certify that the deponents herein mentioned and duly summoned, to wit: G. E. Her- 
riot and Z. D. Greene, and produced by contestant, personally appeared before me at 
Georgetown, in the county of Georgetown, and within the Congressional district 
aforesaid, on the 13th, 14th, and 15tli days of April, 1897, and after being duly sworn 
to speak the truth, and nothing but the truth, in the matter of said contested elec¬ 
tion, gave and subscribed the foregoing depositions; that I caused the testimony 
of said deponents, with the questions propounded by both contestant and contestee, 
to be reduced to writing, and in the presence of the witnesses and counsels, respec¬ 
tively, and caused said testimony to be carefully read to deponents before the same 
was subscribed by them; and I further certify that each and every erasure, substitu¬ 
tion, and interlineation that appears in any part of the records of the foregoing depo¬ 
sitions was made, substituted, or interlined in the presence of deponents, and before 
such depositions were subscribed by them. 

Witness my hand and seal this 15th day of April, A. D. 1897. 

[seat,.] R. B. Anderson, 

Notary Public, South Carolina. 


State of South Carolina, County of Georgetown: 

I herewith annex certificate of clerk of court of this county. 

[seal.] R. B. Anderson, 

Notary Public, South Carolina. 

The State of South Carolina, County of Georgetown: 

I, H. L. Smith, clerk of the court of common pleas and general sessions for the 
county of Georgetown, State aforesaid, same being a court of record, do hereby cer¬ 
tify unto all whom it may concern, that R. B. Anderson is a notary public for said 
State, duly commissioned, and that he has signed the roll kept in my office according 
to law. 

Given under my hand and seal at Georgetown, S. C., this the 17th day of April, 
A. D. 1897. 

[SEAL.] H. L. Smith, 

Cleric of the Court of Common Pleas and General Sessions 

for Georgetoivn County, S. C. 


512 


MU KRAY VS. ELLIOTT. 


Pout Royal, S. C., April 10,1897. 

Pursuant to notice, the taking of depositions of witnesses produced in behalf of 
contestant in rebuttal of testimony taken by Wm. Elliott, contestee, was begun 
today at 11.30 a. m. 

Present: J. I. Washington, esq., attorney for contestant, and Wm. Elliott, jr., esq., 
attorney for contestee. 

G. P. WASHINGTON, sworn, says: 

Q. What is your name, age, occupation, and place of residence?—A. G. P. Wash¬ 
ington; 41 years; working for United States Government, yard and dock on Paris 
Island; in Port Royal, S. C. 

Q. Where were you on the 9th day of June last, the day when the board of regis¬ 
tration was in Port Royal?—A. I was in Port Royal. 

Q. Where did the board hold its sessions?—A. In the tow n council’s chamber at 
Port Royal, S. C. 

Q. Where were you during the time the board was in session?—A. Up here with 
the managers. 

Q. Who were the managers?—A. Mr. Peck and, I think, Mr. Verdier. 

Q. How long w r ere you with them during that day, and what were you doing?— 
A. Prom the time they met till they closed; I w r as requested by Mr. Peck to stay up 
here, and bring water, and keep things quiet, if anything should occur, as I was 
special constable for Mr. Rodgers at that time. 

Q. Did you see J. C. Mardenborough in the office on that day?—A. I did, sir. 

Q. J. F. Peck, the chairman of the board of registration, testified that Marden- 
borough annoyed the board by his officiousness, so much so that the board requested 
him (Mardenborough) to leave the office; did Mardenborough at any time act in such 
a manner as to annoy the board in any way?—A. He did not interfere with the man¬ 
agers or any of the parties who came in to register at any time during the day. 

Q. Please state the circumstances under which Mardenborough was ordered out of 
the office by Mr. Peck.—A. Well; there was a white man, named Bruce Cabanas, 
came up to register; there was a man, Joe Brown, I think, who said Bruce pays no 
tax, and Mr. Peck looked over the railing there to the crowd; he saw Marden¬ 
borough, and he asked him outside. Mr. Mardenborough went out, and at the same 
time Mr. Peck told Bruce to come back later. Mr. Bruce said, “Damn it, I never did 
pay any tax.” 

Q. Did he come back again during that day; and if so, was he registered? 

(Counsel for contestee objects to the question because it calls for testimony that is 
not in rebuttal to any testimony produced by contestee.) 

A. He did not come back that day. 

Q. Is this Bruce Cabanas, about whom you are testifying, PI. B. Cabanas?—A. That 
is the way he signs his name. 

Q. Was the county treasurer, J. S. Reed, or the county auditor, H. C. Pollitzer, 
present on that day; and if so, did they testify to the board as to whether any of 
the applicants ha i paid their poll tax?—A. Neither one was here. 

Q. While you were in the office, did you see the board issue certificates to any 
applicants?—A. I did not. 

Q. Were you in the office during the registration of any applicants?—A. Of all of 
them. 

Q. How many of them were registered that day and received certificates? 

(Counsel for contestee objects to the question on the ground that the record of the 
board is the best evidence, or the applicants themselves should be called to testify.) 

A. I wish to state that there was ouly one colored man, or black man, or whatever 
you are a mind to call him, did receive a certificate here that day, and Mr. Peck 
wanted to reject him because, he said, there were two Jim Adkins at Port Royal 
precinct; because the applicant, Jim Adkins, read the hardest clause in the consti¬ 
tution because it is part Latin. 

Q. Mr. Peck has testified that there were 30 white men registered here on that 
day; how many of these 30 men wero required to read or explain a section of the 
constitution?—A. I wish to state that there were not 30 white men registered that 
day here, and what did register there were none of them required or asked to read 
the constitution or explain it, or present or produce any poll-tax receipt. 

Q. He has also testified that there were only five colored applicants for registra¬ 
tion that day; is that true?—A. It can not be true when there was a big crowd— 
lie must have meant 50 or 60. 

Q. In answer to the question, “ Was the board kept busy while there” (Port 
Royal)? Mr. Peck testifies, “No; there was at least an hour and a half, or longer, 
that day that the board had no applications for registration;” is that true?—A. 
That can not be true. When they had recess for dinner, I had to shove the crowd 
out myself; and even when the board adjourned in the evening there was a young 
man, William Thompson, a cousin of mine, and Mr. Peck told me if I would fetch 





MURRAY VS. ELLIOTT. 513 

liim up to Beaufort he would register him; aud there were others. When the hoard 
left the room—wheu it closed—it left a crowd here. 

Q. Why did uot the board register William Thompson here? 

(Ob jected to by counsel for contestee because the attorney for contestant is question¬ 
ing witness on new matter, aud not upon anything in rebuttal to contestee’s evi¬ 
dence introduced.) 

A. The time, they said, had expired; they were busy all day rejecting colored men, 
aud 1 must say bluffed away the time. 

Q. After Mardenborough had been requested to leave the offfce by Mr. Reck, did 
the board conduct its business privately?—A. What do you mean by “privately?” 

Q. I mean whether anybody besides the board, yourself, and an applicant was 
allowed in the room at the same time?—A. Well, I'm sworn to tell the truth. There 
was no black man; I was the only black man allowed in after Mardenborough was 
hustled out besides the applicants, and they were hustled out all day, and some didn’t 
have their names taken. They were asked, “What is your name, how old are you,” 
etc., and then told to get out. Some were too old, and some were too young, and I 
put them out by request of the managers. 

Q. Were any white men allowed to remain in the office after Mr. Mardenborough 
was put out?—A. Most decidedly there were; some white men were in here all day. 
When they came I turned them in by request of the managers. There were rvhite 
men also in here when Mardenborough was ordered out. They were Mr. J. L. Paul, 
J. Treseott, and Mr. Rischer and others inside the rail with the managers. 

Q. Do you know Mrs. Phoebe Wallace, the mother of Middleton Wallace?—A. I do. 

Q. Did you see her on that day; aud if so, where?—A. I did; just about the same 
time the question was raised about her sou not being old enough to register. I went 
for a pitcher of fresh water at the hydrant and met her on the corner of Seventh 
street, and I told her to come upstairs and testify in regard to her son’s age, whether 
he was 21 or not. She came along with me. 'Mr. Peck wouldn’t hear her; he asked 
where was her husband, she said on Jericho; he told her to get him, and wouldn’t 
take her testimony; said she didn't know anything about it. 

Cross-examined: 

Q. Did Phoebe Wallace appear before the board that same day to testify about her 
son’s age?—A. Not the same day, but about twenty minutes after the question was 
raised. 

Q. Did her husband, Thomas Wallace, come that day to testify?—A. They couldn’t 
get him here; it was near closing time, in the afternoon. 

Q. Did Middleton Wallace send after his mother or go after her?—A. I believe he 
stepped to the door and asked some of the boys to send for her. She was over here, 
and I met her at the hydrant on Seventh street, and I told her to come right up here, 
they wanted her. 

Q. Didn’t the board of registration leave Middleton Wallace’s case open for him 
to furnish more testimony about his age?—A. If they did it they didn’t do it that 
day; I told them he was 21; I have been here some twenty-six years and had some 
idea about it. They didn’t intend to register him anyway, because he is a good 
scholar. 

Q. Is it not a fact that the board did not reject him on that day?—A. That was 
the day they rejected him and others. The board acted very mean that day, I 
thought, and so did the others. 

Q. How many times was the board down at Port Royal?—A. That one day on 
business only for the purpose of registering the people at large. 

Q. When was Middleton Wallace born, what year?—A. I couldn’t exactly tell, 
but I came here in 1872 and I got acquainted with the same family the same year I 
came here, and a year or so after 1 came here—I’ll not confine myself to any exact 
date—he was born, and I know he is over 21. 

Q. Were you in the room when Elliott Moye applied?—A. I was, sir. 

Q. Didn’t his mother say when she testified about his age that she didn’t know 
how old he was? 

(Counsel for contestant objects to the question upon the ground that nowhere in 
the testimony in this case does it appear that Elliott Moye’s mother ever testified 
or appeared before a board of registration on any occasion. 

(Counsel for contestee objects to contestant’s counsel prompting witness by mak¬ 
ing objections.) 

A. I wish to state that his mother and father both were here on the outside and 
the board didn’t care to hear them. 

Q. About what time of day was it J. C. Mardenborough was requested by the 
board to leave the room?—A. I wish to state that only two persons registered—C. L. 
Paul and J. Treseott. Mr. Peck was told Mr. Treseott couldn’t read; he said that 
didn’t matter, aud then Mr. Peck asked me what Mr. Mardenborough was doing here, 
he was already registered. I made it appear I was with him, and said I didn’t know 
what he was hanging around here for anyway. 

17745-33 



514 


MURRAY YS. ELLIOTT. 


Q. Did not Mardenborough remain most of the time in the hall or on the steps 
after he was sent out of the room ?—A. I couldn’t say, because I had the door shut. 
I could not see through the door, but when I went out one time I saw him at Small's 
beef market up the street, standing there talking to Paul Smalls. I don't know 
what he was doing the rest of the time. 

Q. Is it not a fact that when you opened the door to let in applicants you could 
see J. C. Mardenborough standing in the hall?—A. No, sir; I did not see him in the 
hallway after he was ordered out. 

Q. Is it not a fact that when H. B. Cabanas came before the board that the room 
was not crowded, and that only about 12 men were in the room, not counting the 
officers?—A. There were a deal of men outside the bar, but I couldn’t tell the num¬ 
ber of them, and then there were over a half a dozen white men inside the bar with 
the officers. 

Q. Were there not about twelve men outside the bar only?—A. I would not swear 
to it, as I didn’t count them, but in my opinion there were over twelve colored men 
outside the bar, as behind the bar was full and the entry, and I had to squeeze my 
way through them, but it appeared like that Mardenborough was the only obstacle, 
as I heard whispered about him inside the bar that he ought to be put out before 
he was put out. 

Q. About how many men were behind the bar at the time H. B. Cabanas came 
before the board?—A. About twenty-five or thirty; this visible. 

Q. Didn’t you leave the door open part of the day?—A. I was ordered by Mr. Peck 
to keep the door shut, which I did; to let in one at a time, and they were slaughtered 
one at a time, too, and I was the only eyewitness besides the managers. 

Q. Isn’t it a fact that part of the time the door was only partly closed ?—A. It was 
closed all the time while the board was in session unless I opened it to let in an 
applicant; except it was a white man, they passed in and out all day. 

Q. You said not as many as thirty white men were registered, please state how 
many were registered?—A. I can’t commit all to memory just now or I could name 
them, as I know them all, but they do not exceed sixteen at the extreme outside. 
But I do know that registration certificates were sent to them by Mr. Stickney, and 
also by Mr. Rodger; I was present when they received them. 

Q. What time was it when the board adjourned?—A. Four o’clock by their time, 
because they had to catch the 5 o’clock sharp, and were out a short time before the 
train left. 

Q. How far is Small’s beef market from the room the board met in?—A. One hun¬ 
dred and fifty feet exactly. 

Q. Did you not leave the room a few minutes ago?—A. I Avent to the room door to 
take a dose of medicine, but still 1 was visible to those in the room. 

Q. What kind of medicine was it?—A. Cold medicine; something the doctor gave 
me because I am troubled with pneumonia. 

Q. Whisky or wine?—A. I think it has a little gin in it. 

Q. Is it not a fact that you Avent to the door during this examination, pulled out 
a pint flask of whisky or gin from your pocket and took a drink of it?—A. No, sir. 
I wish to state that I work at the naval station; I have a half-pint flask that I carry 
my medicine in; it is wood medicine, herbs, etc., one dose to be taken in the morning 
and one at midday, before meals. It is midday now, and I took my last dose a little 
while ago; that is all there is about that. 

Q. Has it not got “Clifton Springs, Silver Spray Gin, S. C. State Dispensary, J. T. 
Gadsden, acting commissioner, guaranteed II. S. standard proof and chemically pure ” 
printed on the label? 

(Counsel for contestant objects to this line of questions because it is not in response 
to anything brought out in this examination, entirely irrelevant, and apparently 
asked by contestee’s counsel for the purpose of consuming time.) 

A. Yes; it is an old dispensary flask 1 picked up and carry my medicine in it eA^ery 
day Avlien I go to work at the naval station. 

(Counsel for contestee objects to the witness drinking from the flask, which he has 
done three times during this examination.) 

Redirect: 

Q. In an attempt to drink from the flask, Avere you not then trying to get from it 
what little of the medicine there was left? 

(Counsel for contestee objects to witness being asked leading questions.) 

A. I was. 

Q. How long does it take a person to go from the office where the board of regis¬ 
tration was in session to Small’s beef market?—A. About a minute and a half or two 
minutes. 

G. P. Washington. 

Sworn to and subscribed before me this the 10th day of April, A. D. 1897. 

M. B. Allen, Noiary Public. 


MURRAY VS. ELLIOTT. 


515 


JOHN MoCLELLAN, sworn, says: 

Q. What is your name, age, occupation, and place of residence?—A. John Mc¬ 
Clellan; 53 years; carpenter; Port Royal. 

Q. Where were you on the 9th day of June last, the day when the board of regis¬ 
tration met here?—A. In Port Royal. 

Q. Were you at or near their office on that day; and if so, how long?—A. I was 
close around the office all day, from the time it was opened till it was closed. 

Q. J. F. Peck has testified that during the day only six colored men applied for 
registration, and that ouly five of them were rejected. Is that true?—A. It is not 
true. 

Q. About how many colored men, to your knowledge, made application to the 
board that day?—A. I think, as well as I can remember, about fifteen to tAventy. I 
know each person and can call each name. 

(Counsel for contestee objects to the above question and answer on the ground 
that it is hearsay evidence, and the record of the board of registration should be 
produced or the parties themselves called to testify.) 

Q. Please give the names of as many of those who applied as you can.—A. Jos. 
Washington, Handy Johnson, Robt. Hamilton, Dan Robinson, brooks Baker, 

Renty Gillieson,- Brabam, John Thomas, Elliott Moye, Middleton Wallace, 

John Green, Jim Adkin, Prince Heyward, Albert Husser, Jonas Green; that is all I 
can remember. There was a large number here avIio didn’t come up, because those 
who Avere good scholars were turned back— Avere discouraged. I suppose there were 
about seventy-five here. 

Q. Do you knoAA' Scipio Green?—A. I do. 

Q. Did he or not apply that day? 

(Counsel for contestee objects to the question on tRe same grounds as above.) 

A. He did. 

Cross-examined: 

Q. How long was you in the room Avhere the board Avas examining applicants?— 
A. I Avasn’t inside the room at ail. As I was coming up the steps, intending to come 
in, I met Mardenborough, who stated to me that they had shut him out. 

Q. Did you hear any of these men whom you have named attempt to read or 
explain before the board of registration?—A. I didn’t have a chance to.hear or see 
them, as the door was closed, but heard them say what section they had been turned 
back on. 

Q. Can you SAvear of your own knowledge that any one of these men whom you 
have named was rejected by the board of registration?—A. I can, solemnly, for this 
reason: They came in the room; I could hear some controversy, but could not hear 
what Avas said, and saw them AA'lien they came out, and, namely, two or three of 
those men—Adkins, Gillieson, and Wallace—they kept in the office each from a half 
to three-quarters of an hour; others not so long, but long enough to be reading or 
talking, or something. 

Q. How do you know they were rejected?—A. By seeing them come out without 
any certificate. 

Q. How do you knoAv they didn’t have any certificate in their pocket?— A. My 
people are too glad for the free privilege of voting and pulling through such a 
SAveat box as that register board to have kept their certificates in their pockets. 

Q. When you met J. C. Mardenborough coming down the steps, where did you and 
he go?—A. We walked down the steps to the ground; we knocked around in sight, 
to and from the council chamber, until the board closed. 

Q. Can you see the door of the room Avhere the board met from the ground?—A. 
You can see the outer door. 

Q. How long did you all remain on the ground?—A. All day, on and off the ground, 
till the board closed. 

Q. Did you see these men enter the inner or outer door?—A. I saAv them enter in 
the hallway from the outer door and some from an inner door, because I went up 
and down. 

Q. If you didn’t see all enter the inner door, how is it you are willing to swear 
that they entered and Avere rejected?—A. I was standing on the steps abreast the 
window. I could hear when the board Avould ask them what did they come for, and 
they told them “to register.” I could not hear Avhat they gave them to read, nor 
for what cause they were rejected, but only as they told me when they came out. 

Q. Don’t you know as a fact that that windoAv is about 30 feet from the ground, 
and the foot of the steps does not reach as far as beneath the window?—A. I was 
standing sometimes on the steps, sometimes in the entry, and sometimes on the 
ground. 

Q. The ouly Avay you know these men were rejected, then, AA r as because they told 
you so?—A. i couldn’t have known otherwise, because I couldn’t come into the room ; 
the door Avas kept closed. 



516 


MURRAY VS. ELLIOTT. 


Q. And yet you are willing to swear of your own knowledge that they were 
rejected?—A. Yes, I am; to the best of my judgment. 

Redirect: 

Q. On wliat floor of the building was the office held?—A. Second floor. 

Q. About how high is that from the ground?—A. About 13 feet between ceilings. 

Q. Please look at the steps and tell what direction the foot of it is from the window 
in question.—A. The steps and window are on a line, and it is about 10 feet from 
the steps to the window. 

John (his x mark) McClellan. 


Sw'orn to and subscribed by mark before me this the 10th day of April, 1897. 

Macon B. Allen, Notary Publi 


Adjourned at 5 p. m. 


South Carolina, 

Beaufort County, in First Congressional District: 

Beaufort, Beaufort County, S. C., 

April 12, IS97. 

Pursuant to notice, the examination of witnesses in rebuttal in behalf of Geo. 
W. Murray, contestant, was begun at 4.15 this afternoon. 

Present, J. I. Washington, esq., attorney for contestant. 


AARON MIDDLETON, sworn, testifies: 

Q. What is your name, age, occupation, and place of residence?—A. Aaron Mid¬ 
dleton; 49 years; contractor and hackman ; Beaufort. 

Q. You testified in this case before, did you not?—A. Yes, sir. 

Q. When you applied for your registration certificate what reason did the board 
give for refusing you?—A. I paused on the word “ perquisites” and they stoppped 
me there. 

Q. What did they require you to do after stopping you?—A. They asked me what 
“perquisites” means and I didn’t know. 

Q. Did they allow you to read the remainder of the section?—A. Mr. Verdier was 
willing for me to commence again, but Mr. Berg refused. 

Q. Did they read any section to you and ask you to explain it?—A. No, sir. 

Q. Mr. J. F. Peck, chairman of the board, has testified that whenever an applicant 
applied, if he mispronounced a word, the section was read over to him; and if he was 
able to explain the section, the certificate was granted. Was that done when you 
applied?—A. No, sir. 

Q. He has also testified that several parties approached him and asked him to regis¬ 
ter you, and that one of the parties offered him $10. Do you know anything about 
it?—A. No, sir; this is my first knowledge of it. I was informed, however, that 
they did not intend to register me anyway. 

Q. Is it not a fact that almost every colored man rejected in Beaufort was rejected 
because he mispronounced but one word?—A. Y r es, sir; and many were rejected for 
leaving off “d” or “s.” 

Q. For what office was Peck a candidate during the last campaign?—A. Clerk of 
court. 

Q. Is it not a fact that the colored people in this county, almost to a man, voted 
the Republican ticket, and if registered would have voted against Peck?—A. Yes, 
sir. 

A. Middleton. 


Sworn to and subscribed before me this 12th day of April, 1897. 

[seal.] Macon B. Allen, Notary Public. 

Adjourned at 5 p. m. 

April 13, 1897. 

Pursuant to adjournment, the examination was resumed to-day at 12 noon. 
Present, J. I. Washington, esq., attorney for contestant. 


I. R. REED, sworn, testifies: 

Q. What is your name, age, occupation, and place of residence?—A. I. R. Reed; 
29 years; attorney at law; Beaufort. 

Q. You testified in this case before, did you not?—A. I did. 

Q. J. F. Peck testified that when you were excluded from the office it was because 
you were officious and annoying to the board. Was your action in any w r ay officious 
or annoying?—A. No; there has never been any complaint made by the board nor 
anyone else about my being officious and annoying; on the contrary, most of the 


MURRAY VS. ELLIOTT. 


517 


members of the board treated me kindly and welcomed me into the room when in 
session, and would also direct applicants who had any difficulty in procuring their 
registration certificate to me, and tlie board never refused my sitting in the office 
while the registration was going on until, in accordance with the law, I had filed 
several notices ot appeals upon the board for applicants who were rejected, and this 
objection to my being in the registration room was not made untii the board had 
consulted an attorney at law who was a candidate for office and afterwards was 
employed or represented the board before the terms of court at which the appeals 
were heard. 

Q. Mr. Peck has also testified that when an applicant applied for registration if 
he mispronounced a word of the section that section was read over to him, and if he 
explained the section properly a certificate would be granted, and that in no instance 
was an applicant refused registration for simply mispronouncing one word. Is that 
truef—A. That is not true. Very few, if any, had the section or part of the section 
read over to them when they mispronounced one word. The majority of the appli¬ 
cants were stopped from reading on the very word that they mispronounced and 
asked, “What do you say such a word is?” and if mispronounced again one of the 
board, usually the chairman, who was Captain Peck, would take the book and read 
the section down to the word that was mispronounced by the applicant and then 
ask the applicant, not what the part of the section read by him (Peck) means, but 
what the word mispronounced by him (applicant) means, i. e., the definition of the 
word. 

Q. State, if you know, the lawyer to whom you referred and for what office he was 
a candidate.—A. Thomas Talbird, esq., candidate for State senator for Beaufort 
County, S. C. 

Q. Was he not elected State senator at the last election?—A. He was returned by 
the county board of canvassers as State senator for Beaufort County. 

: Q. During the time they claimed to have been transacting their business in secret 
was Thomas Talbird, esq., in the habit of visiting the office during business hours?— 
A. Yes; I saw him go in there and remain in there while applicants went in to be 
registered. 

Q. What is the politics of Thomas Talbird, esq. ?—A. Ever since I have known 
him—from 1888 to the present time—he has been an avowed Democrat. 

Q. J. F. Peck has testified that the board allowed a number of colored applicants 
more than one trial. Please state what you know as to that.—A. There were a few, 
very few, colored applicants who were allowed more than one trial to read a sec¬ 
tion, and of the majority of these very few are Democrats in politics, such as 
Emanuel Haynes, Tarquin Smalls, of Ladies Island; Chance Green, Hastings Gantt, 
of St. Helena Island, and Theodore Wilson, of Bluffton. 

Q. Is it not a fact that the Democrats, both white and colored, were given all oppor¬ 
tunities to be registered, while Republicans were indiscriminately denied?—A. Most 
assuredly so. I remember that while the board was at Hardeeville, S. C., and the 
session was being held in a scfioolhouse which had no blinds, but sashes, to the win¬ 
dows, I stood on the outside and saw the white Democrats go in by two and three 
at a time, and they were not even required to read or explain a section of the con¬ 
stitution, nor to exhibit their tax receipt, but simply took the oath aud received 
their registration certificates. 

Q. J. F. Peck has testified that not a single applicant was denied registration for 
mispronouncing but one word in the section read. Please state, if you can, the 
names of any applicants who were denied for that cause, giving at the same time 
the word or words.—A. I remember one Caesar McKnight, who was rejected on the 
single word “ compensation,” in article 5, section 9. Many applicants whose names 
I can not now remember were also rejected on the single words of “rate” in article 
10, section 1, and “corps” in article 11, section 8, and “recognizances” in subdivi¬ 
sion 5, article 17, section 11; but for the most part the hardest sections in the con¬ 
stitution were picked out and given the colored applicants to read, notably, article 
5, section 4 and section 25. 

Q. Mr. Peck has also testified that the board invariably required the applicants 
to read the simplest sections in the constitution. Is that true?—A. No, sir; the sim¬ 
plest sections are in article first, called “Declaration of rights,” and the only 
section in that whole article, which consists of 29, that was given the applicant was 
section 8 which contains the Latin phrase, “ ex post facto,” and many applicants 
were rejected, not because they didn't read the section, but because they could not 
explain or give the meaning of the Latin phrase, “ ex post facto;” also many were 
rejected because they could not explain what was meant by “no conviction shall 
work corruption of blood.” In addition to the above, I have heard the chair¬ 
man, J. F. Peck, tell many applicants who were rejected that they must be able to 
read in a Fourth Reader iii order to read a section in this constitution. 

Q. W. O. Prentiss has testified that you were mistaken when you testified that he 
was in the registration office other than when he went in to register. Did you see 


518 


MURRAY VS. ELLIOTT. 


liim enter the office more than once?—A. Yes, sir. I do not know what time lie went 
in to register, but I saw him go in there two or three times on different days while 
the board was in session. 

Q. W. C. Bellows, jr., also testified that the only time he went into the office dur¬ 
ing business hours was when he went there to be registered. Is that true?—A. No ; 
because W. 0. Bellows, jr., had a bicycle built for two, bringing Democratic appli¬ 
cants up to the office to be registered nearly everyday during the six weeks that the 
office was open here at the county seat, and he would invariably go in the registra¬ 
tion office with every one that he brought to Vie registered. 

Q. After you were denied entrance into the office, was the office free and open as 
before?—A. No, sir. When they first started to register they would let in as high as six 
or seven applicants at a time, and the entrance door would be left open, and the work 
was very much accelerated, so that a large number could be registered each day; but 
after I was denied entrance the door was locked and one applicant only was admit¬ 
ted at a time, which obstructed the work so that the office closed on many appli¬ 
cants each day who had tra veled from 10 to 25 miles for the sole purpose of obtaining 
a registration certificate. 

Isaiah R. Reed. 


Sworn to and subscribed before me this 12th day of April, 1897. 

[seal.] JVIacon B. Allen, Notary Public. 

Adjourned till 4 p. m. 

April 13, 1897. 

Pursuant to adjournment, the examination was resumed at 12.45 p. m. 

Present: J. I. Washington, esip, attorney for contestant. 


ALEX. HEYWARD, sworn, testifies: 

Q. What is your name, age, occupation, and place of residence?—A. Alex. Hey¬ 
ward; 35 years; farmer; Paris Island. 

Q. You testified in this case before, did you not?—A. Y r es, sir. 

Q. H. C. Pollitzer, county auditor, testified, after examining the tax books, that 
your name does not appear as having paid your poll tax for the year immediately 
preceding the last election. Did you pay your taxes for that year; that is, for the 
fiscal year commencing November 1,1894?—A. Y"es, sir; and I hold that tax receipt. 

Q. Please read that receipt.—A. ‘‘No. 5100, Beaufort County, S. C., Dec. 31, 1895. 
Received from Alex. Heyward one dollar, for taxes due on the following described 

property, for the fiscal year commencing November 1st, 1894, viz: - lots,- 

mills, levy for all purposes, $-; acres-, buildings value, $-; 15 per cent 

penalty-; poll tax $1; personal property $-, total value $-; total tax $1. 

Joseph S. Reed, treasurer,” 

Q. When was the office opened for the collection of taxes for the next year?— 
A. November 1,1896. 

Q. This, then, is the receipt for the poll tax due and payable just prior to the last 
election, is it not?—A. Yes, sir. 

Q. Did you pay taxes on any propertj" that year?—A. Yes; for 10 acres of land 
and one building. 

Q. When was that paid; to whom, and what is the number of the receipt?—A. 
December 31,1895; Joseph S. Reed, treasurer; No. 5101. 

Alex. Heyward. 

Sworn to and subscribed before me this 13th day of April, 1897. 

Macon B. Allen, Notary Public. 

Counsel for contestant introduces in evidence a copy of the constitution of the 
State of South Carolina, ratified in convention December 4, 1895; Exhibit L. 

Adjourned sine die at 5 p. m. 

M. B. Allen, Notary Public. 

Notice to take depositions. 

To William Elliott, Contestee: 

You will take notice that the undersigned will, at the Council Hall, in the town 
of Port Royal, S. C., at 10 o’clock a. m., on Thursday, the 8th day of April, 1897, 
before M. B. Allen, a notary public in and for the State of South Carolina, or some 
other officer authorized by the laws of the United States to take depositions in con¬ 
tested election cases, examine and take testimony of the witnesses whose names are 
hereto annexed, in rebuttal to the testimony taken by William Elliott, contestee, in 
the above-stated matter, and in refutation of the allegations contained in the con- 
testce’s reply to the notice of contest, and will continue said examination from day 










MURRAY VS. ELLIOTT. 


519 


to day until the same shall he completed: J. C. Mardenborough, G. P. Washington. 
Washington Moye, Thomas Wallace, John McClennau, and Phoebe Wallace, all of 
Port Royal, Beaufort County, S. C. 

J. I. Washington, 

Attorney for Contestant. 

April 3, 1897. 

State of South Carolina, County of Beaufort: 

Personally appeared before me, J. I. Washington, and made oath that he served 
the within notice on William Elliott, jr., one of the attorneys for contestee, by leav¬ 
ing a copy of the same with him on the 3d day of April, 1897. 

J. I. Washington. 

Sworn to before me this 13th day of April, 1897. 

[seal.] Benj. Simmons, Notary Public. 

South Carolina, Beaufort County , First Congressional district: 

I, M. B. Allen, a notary public in and for the State of South Carolina, do hereby 
certify that the deponents herein named and duly summoned, to wit, G. P. Wash¬ 
ington, John McClellan, and produced by contestant, personally appeared before me 
at Port Royal, Beaufort County, S. C., on the 10th day of April, 1897; also personally 
appeared before me at Beaufort, Beaufort County, S. C., on the 12th day of April, 
1897, Aaron Middleton; on the 12th day of April, 1897, I. R. Reed, and on the 
13th day of April, 1897, personally appeared Alex. Heyward, and after being 
duly sworn to speak the truth and nothing but the truth in the matter of the 
said contested election, gave and subscribed the foregoing depositions: That I 
caused the testimony of said deponents,^vith the questions propounded by both 
contestant and contestee, to be reduced to writing, and in the presence of the 
witnesses and counsels, respectively, and caused said testimony to be carefully read 
to deponents before the same was subscribed by them; and I further certify that 
each and every erasure, substitution, interlineation that appear in any part of the 
records of the foregoing depositions were made, substituted, or interlined in the 
presence of deponents, and before such depositions were subscribed by them or him. 

Witness my hand and seal this 26th day of April, 1897. 

[seal.] M. B. Allen, Notary Public. 

[The following notice was found in a bundle of contestee’s testimony:] 

Notice to talce depositions. 

To Hon. William Elliott, Contestee: 

You will take notice that the undersigned will, at Adams Run, Colleton County, on 
the 13th day of April, 1897, at 10 o’clock, a. in., before H. W. Purvis, a notary pub¬ 
lic for the* State of South Carolina, duly appointed, or some other officer duly 
authorized by law to take depositions in contested-election cases, examine and take 
the testimony of the witnesses whose names are hereto annexed in rebuttal to the 
testimony taken by William Elliott, coutestee, in the above-stated matter, and in 
refutation of the allegations contained in the contestee’s reply to the notice of con¬ 
test, and will continue said examination from day to day until the same is completed: 
Paul Jenkins, D. P. Polite, and S. B. Richardson, all of the county of Colleton, 
State of South Carolina. 

Dated the 7th day of April, 1897. 

Jno. B. Edwards, Attorney for Contestant. 



CONTENTS. 


Notice of contest 


Page. 

3-4 


Answer to notice of contest...... . 5_6 

Agreement..... 24 

Testimony for contestant____ 7-319 

Notices to take depositions...._._ _. 

49,171,181,216,227,233,240,244,248,256,260,274,279,286,293 
Objections by counsel for contestee _____■.. 21, 


41,59,61,70,74,81,88,110,113,117,141, 158, 225, 
236, 240*261, 275, 281, 284, 290, 297,310,312,316 

Objections by counsel for contestant_ 28,31,46, 65,155, 228,264 

Exhibit A.—Filed with deposition of T, F. Bryant. Affidavits of T. F. 
Bryant, Bethel Moore, and A. McIntosh and 48 others that they were 

denied the right to register or vote November 3, 1896..... 14-15 

Exhibit B.—Affidavit of Edward Johnson that he was denied the right 


to register or vote November 3, 1896.... 16 

Exhibit C.—Filed with deposition of W. B. Scriven. Affidavit of Jacob 
Heywood and 20 others that they were denied the right to register 

or vote November 3, 1896.......17 

Exhibit D.—Filed with deposition of W. B. Scriven. Affidavit of James 
McClellan and 49 others that they were denied the right to register or 

vote November 3, 1896___ 18 

Exhibit E.—Filed with deposition of J. E. Hicks. Affidavit of J. E. 

Hicks that he was denied the right to register or vote November 3, 


1896 ______ 20 

Exhibit F.—Filed with deposition of R. W. Holloway. Affidavit of D. 
Washington and 49 others that they were denied the right to register 

or vote November 3, 1896 .._........ 21 

Exhibit G.—Filed with deposition of James F. Pinckney. Affidavit of 
J. H. Everett and 28 others that they were denied the right to register 

or vote November 3, 1896_____ 26 

Exhibit H.—Filed with deposition of James F. Pinckney. Affidavit of 
Edward Gail and 25 others that they were denied the right to register 

or vote November 3, 1896....... 27 

Exhibit S.—Filed with deposition of Braxton M. Holmes. Affidavits of 
D. Fraiser, Edward Jenkins, and 32 others that they were denied the 

right to register or vote November 3, 1896___ 34 

Exhibit T.—Filed with deposition of D. W. Wilson. Affidavit of C. 

Bater and 43 others that they were denied the right to vote or register 

November 3, 1896______ 42 

Exhibit S.—Filed with deposition of J. B. Burns. Affidavits of O. R. 
Randal, Benjamin Elliott, George Village, and 18 others that they 
were denied the right to register or vote November 3, 1896... 43 


521 





















522 


CONTENTS. 


Testimony for contestant—C ontinued. Page. 

Exhibit A.—Filed with deposition of Charles W. D. Freeman. Affi¬ 
davits of M. H. Huggins, H. McFhurson, and 52 others that they 

were denied the right to register or vote November 3, 1890...... 54 

Exhibit AA.—Filed with deposition of Samuel Lance. Affidavits of 
Frank Lewis, J. Jening, and 78 others that they were denied the right 

to register or vote November 3,1896..-----'-- 56 

Exhibit B.—Filed with deposition of Joshua Tention. Affidavits of 
C. W. Williams, Jesse Bennett, and 7 others that they were denied 

the right to register or vote November 3, 1896_ 57 

Exhibit C.—Filed with deposition of J. R. Cuthbert. Affidavits of J. 
Brown, John Lucas, and 83 others that they were denied the right to 

register or vote November 3,1896.... 58 

Exhibit D.—Filed with deposition of W. T. Martin. Affidavits of D. W. 

Berry, Justice Grant, and 90 others that they were denied the right 

to register or vote November 3, 1896..--- 60 

Exhibit E.—Filed with deposition of J. C. Clark. Affidavits of Frank 
Smalls, Wavley Simmons, and 40 others that they were denied the 

right to register or vote November 3,1896___ 62 

Exhibit F.—Filed with deposition of C. S. Vanderhorst. Affidavit of 
Jerry Gibbs and 134 others that they were denied the* right to regis¬ 
ter or vote November 3, 1896.______ 66 

Exhibit G.—Filed with deposition of J. A. Minges. Affidavit of Robert 
Small, Nik. Gorden, and 31 others that they were denied the right to 

register or vote November 3, 1896.... 71 

Exhibit H.—Filed with deposition of J. A. Minges. Affidavits of Rich¬ 
ard Rivers, Ned. S. Edward, and 89 others that they were denied the 

right to register or vote Novepiber 3, 1896___ 72 

Exhibit I.—Filed with deposition of W. B. Edwards. Affidavits of Jas¬ 
per Jones, W. B. Edwards, Robert Barnwell, and 129 others that they 

were denied the right to register or vote November 3, 1896_ 75 

Exhibit J.—Filed with deposition of I. A. Miller. Affidavits of F. Tay¬ 
lor, I. Shives, and 9 others that they were denied the right to register 

or vote November 3, 1896._______ 77 

Exhibit K.—Filed with deposition of George P. McClay. Affidavits of 
Kit Butler, Fred. E. Rames, and 147 others that they were denied the 

right to register or vote November 3, 1896__ 84 

Exhibit M.—Filed with deposition of H. B. Noisett. Affidavits of T. N. 
Jenkins, John M. Wheatons, and 16 others that they were denied the 

right to register or vote November 3, 1896..___ 89 

Exhibit N.—Filed with deposition of A. H. Hamilton. Affidavits of 
William Lawrence, R. D. Sawyer, and 46 others that they were denied 

the right to register or vote November 3, 1896_ ___ 91 

Exhibit O.—Filed with deposition of R. G. F. Gibson. Affidavits of 
John Bryan, H. Washington, and 37 others that they were denied 

the right to register or vote November 3, 1898___ 99 

Exhibit P.—Filed with deposition of H. B. Noisette. Affidavits of Wil¬ 
liam Seabrook, William Johnson, and 98 others that they were denied 

the right to register or vote November 3, 1896__ __ 105 

Exhibit Q .—Filed with deposition of J. H. Patterson. Affidavits of 
Plenty Green, Samuel Hart, and 170 others that they were denied the 

right to register or vote November 3, 1896_____ 130 

Exhibit R.—Filed with deposition of Elijah Nelson. Affidavits of 
Emanuel Bowman, John Thomas Bell, and 443 others that they were 
denied the right to register or vote November 3,1896.. 134 




















CONTENTS. 


523 


Testimony for contestant—C ontinued. p age . 

Exhibit S.—Filed with deposition of W. S. Montgomery. Affidavits of 
Toby .Grant, Desaw Middleton, and 35 others that they were denied 

the right to register or vote November 3,1890..... 125 

Exhibit T.—Filed with deposition of C. F. Cane. Affidavits of Elias 
Geathers. Alfred Caralina, and 123 others that they were denied the 

right to-register or vote November 3, 1890.... 108 

Exhibit.—St. Andrews Parish. Affidavits of Miles Bradley, Jamison 
Brown, and 139 others that they were denied the right to register or 

vote November 3, 1896........... 137 

Exhibit.—St. Philips and St. Michaels Parish. Affidavits of Sam Deaise, 

Adam Wilson, and 189 others that they were denied the right to 

register or vote November 3, 1896.__ 138 

Exhibit A A.—Filed with deposition of H. S. Perry. Affidavits of H. 
Darlington and 5 others that they were denied the right to register 

or vote November 3, 1896. ..____ 139 

Exhibit B.—Filed with deposition of R. B. Chisolm. Affidavits of 
Isaiah G. Washington, S. Pinckney, and 78 others that they were 

denied the right to register or vote November 3, 1896.... 142 

Exhibit A.—Filed with deposition of S. D. Williams. Affidavits of Isaac 
Howard, Pompey Gillard, and 429 fliers that they were denied the 

right to register or vote November 3,1896_>.___ 156 

Exhibit C.—Filed with deposition of J. M. Brown. Affidavits of Titus 
T. McKay, John Middleton, and 403 others that they were denied the 

right to register or vote November 3, 1896...... 159 

Exhibit E.—Filed with deposition of M. M. Middleton. Affidavits of 
Sam Lawrence, Toney Blake, and 179 others that they were denied the 

right to register or vote November 3, 1896...... 169 

Exhibit F.—Filed with deposition of S. B. Richardson. Tally sheet and 
poll list of the election held at Adams Run precinct, Colleton County, 

S. C., November 3, 1896......163 

Exhibit A.—Filed with deposition of S. S. Hanna. Affidavits of Mingo 
Cooper, Isaac Wall, and 74 others that they were denied the right to 

register or vote November 3. 1896 -- --- 176 

Exhibit B.—Filed with deposition of W. C. Henryhand. Affidavits of 
Sam Filmore, George McRea, and 49 others that they were denied the 

right to register or vote November 3, 1896.... 178 

Exhibit C.—Filed with deposition of Robert Hanna. Affidavits of Grass 
Cunningham, Thomas Scott, and 94 others that they were denied the 

right to register or vote November 3, 1896.... 179 

Exhibit A.—Filed with deposition of C. C. Hanna. Affidavits of Adam 
Tisdale, D. J. M. Cathey, and 96 others that they were denied the 

right to register or vote November 3, 1896... 182 

Exhibit B.—Filed with deposition of L. W. Cameron. Affidavits of 
Samuel Myers, E. L. Cameron, and 94 others that they were denied 
the right to register or vote November 3, 1896 --- --- 184 


Exhibit C.— Filed with deposition of R. D. Robinson. Affidavits of 
C. Mitchell and 122 others that they were denied the right to register 

or vote November 3.1896 —...-.. - 186 

Exhibit D.—Filed with deposition of T. A. Dickes. Affidavits of Gad- 
son Scott, Gilmore McCullough, and 66 others that they were denied 

the right to register or vote November 3, 1896 ---- 187 

Exhibit E.—Filed with deposition of B. F. Brockinton. Affidavits of 
Jackson Couredon, Toby McKnight, and 71 others that they were 
denied the right to register or vote November 3,1896.. 188 




















XT 


524 CONTENTS. 

Testimony for contestant— Continued. 

Exhibit F.—Filed with deposition of L. F. Cooper. Affidavits o 
Brown, C. Cooper, and 35 others that they were denied the 

register or vote November 3,1896---If 

Exhibit R.—Filed with deposition of M. L. Murray. Affidavits'* 
ter Green and 77 others that they were denied the right to regS^w* 

vote November 3, 1896----- 

Exhibit S.—Filed with deposition of Boston Plowden. Affidavits of 
E. Danby, S. J. Wilson, and 90 others that they were denied the right 

to register or vote November 3,1896--- 195 

Exhibit T.—Filed with deposition of Carter Murray. Affidavits of 
W. S. Rodgers, James Lewis, and 25 others that they were denied the 

right to register or vote November 3, 1896-- 197 

Exhibit P.—Filed with deposition of Carter Murray. Affidavits of 
D. W. Jones, John H. Cooper, and 56 others that they were denied 

the right to register or vote November 3,1896- 198 

Exhibit —.—Poll lists of Bloomingvale, Earls, Cadans Swamp, Altmans 
Store, Cades, Black Mingo, Greelyville, Indian town, Gourdins, Kings- 
tree, Lake City, Salters, Suttons, and Trio precincts, Williamsburg 

County, S. C____ 198-215 

Exhibit A.—Filed with deposition of J. C. Madenborough. Affidavits 
of Samuel Wright, Francis Middleton, and 138 others that they were 

denied the right to register or vote November 3,1896-- 

Exhibit B.—Affidavit of Josiah Lloyd that he was denied the right to 

register or vote______i- 

Exhibit C.—Filed with deposition of Richard J. Carr. Affidavits c 
George Cato, Peter Mulligan, and 121 others that they were denied 

the right to register or vote November 3, 1896__ 

Exhibit D.—Filed with deposition of D. S. Brown. Affidavits of Solo¬ 
mon Albright, Elias Izard, and 127 others that they were denied the 


right to register or vote November 3, 1896_____ 255 

Exhibit E.—Filed with deposition of I. ’R. Reed. Affidavits of D. D. 

Davis, John Jones, and 46 others that they were denied the right to 

register or vote November 3, 1896__ 266 

Exhibit F.—Filed with deposition of E. M. Pinckney. Affidavits of 
Hickory Laurence, Richard Brown, and 266 others that they were 

denied the right to register or vote November 3, 1896__ 272 

Exhibit G.—Filed with deposition of S. E. Rivers. Affidavits of James 
Green, Jasper Green, and 416 others that they were denied the right 

to register or vote November 3,1898_____ 276 

Exhibit H.—Filed with deposition of P. A. Rily. Affidavits of James 


Brown, Sam Middleton, and 112 others that they were denied the right 

to register or vote November 3,1896____&L"_ 

Exhibit I.—Filed with deposition of W. B. Rivers. Affidavits of Ad.^' 
Douglas, Charley Green, and 93 others that they were denied the rigi. 


to register or vote November 3,1896____ l! 287 

Exhibit J.—Filed with deposition of Macon B. Allen. Affidavits of Car¬ 
olina Thomas, Porter Youman, and 132 others, that they were denied 
the right to register or vote November 3, 1896_ 288 


Exhibit K.—Filed with deposition of M. B. Allen. Affidavits of P. Best, 

Peter Green, and 168 others that they were denied the right to reg¬ 
ister or vote November 3, 1896______ l 

Exhibit A.—Filed with deposition of Daniel Davis. Affidavits of James 4 
Sumpter, Malon Walker, and 64 others that they were denied the 
right to register or vote November 3, 1896..____ 301 




















CONTENTS. 


525 


3S1 


FdSh M0NY FOR CONTESTANT — 1 Continued.. Page. 

VV^bit with deposition of J. W. Johnson. Affidavits of Plenty 

° Daniel Horry, and 400 others that they were denied the right 

E 6gistei 0r vote ^ ovember 3, 1896. TT __■__ 304 

* 11 ^ ibit C.—Filed with deposition of S. D. Goff. Affidavits of Boston 
Brown, David Gibbs, and 66 others that hey were denied the right 

to register or vote November 3, 1896____ 311 

Exhibit D.—Filed with deposition of P. W. Wilson. Affidavits of Dun- 
' kin Miller, Noah Johnson, and 73 others that they were denied the 

< v right to register or vote November 3, 1896_.. 313 

Exhibit E.—Filed with deposition of S. A. Walker. Affidavits of Andrew 


Rhodes and 29 others that they were denied the right to register or 


vote November 3, 1896______ 315 

Exhibits F. I, and J.—Filed with deposition of R. B. Anderson. Affi¬ 
davits of Sam Johnson. James Bugs, and 246 others that they were 

denied tlie right to register or vote November 3, 1896_ 318 

Exhibit *L.—Certificate of the clerk of court of common pleas and gen¬ 
eral sessions of Georgetown County, S. C., that John B. Sherald is a 

notary public____ _ 321 

Testimony for contestee _______ 322-469 


Notices to take depositions._ 322-324,376-378,411,459 

Objections by counsel for contestant__ 330,333,334,350,397,413,425,467 

Objections by counsel for contestee_... 368,382,385,388,395,396,397,400 

Exhibit A.—Filed with deposition of I. H. Thayer. Envelope addressed 

■* I. H. Thayer, esq., Bank of Charleston, South Carolina____ 342 

x ' Exhibit B.—Filed with deposition of I. H. Thayer. Letter from I. H. 

Thayer to William Elliott... 342 

Exhibit C.—Filed with deposition of W. J. Mott. Certificate by the 
clerk of court of common pleas and general sessions that no appeals 
were taken from the board of supervisors of Charleston County, S. C_ 365 
Exhibit D.—Filed with deposition of E. Mitchell Seabrook. Poll list 
kept by managers of elections at Camp Ground precinct. South Caro¬ 
lina, November 3, 1896...... .. 372 

Exhibit A.—Filed with deposition of B. H. Ward. Names of persons 
who were rejected by the board of registration of Georgetown County, 

S. C., during 1896______ 388-390 

Exhibit B.—Filed with deposition of W. B. Arnholter. Names of per¬ 
sons who made affidavits for contestant at Griers and Pedee precincts, 

Georgetown County, S. C......... 402 

Exhibit C.—Filed with deposition of W. B. Arnholter. Names of per¬ 
sons who made affidavits for contestant in Georgetown County, S. C. 403-406 
Exhibit A.—Filed with deposition of James G. Cole. Letter of J. B. H. 

Colonel to the board of school trustees---- 440 

Exhibit B.—Proceedings of the State board of canvassers November, 

1896, relating to the First Congressional district of South Carolina. 441-444 
Exhibits D, E. and F.—Extracts from the journal of the constitutional 

convention of South Carolina.. ...- 444-445 

Testimony for contestant in rebuttal ...... 470-519 

Notice to takes depositions---- 470,498,518, 519 

Objections by counsel for contestee. 471,480,482,486,488,499, 500, 504,505, 507 

Objections by counsel for contestant- 508,510 

Exhibit C.—Filed with deposition of M. H. Perry. Affidavits of Ben 
Powell, Adam Middleton, and 197 others that they were denied regis¬ 
tration, but would have voted for George W. Murray if they had been 
permitted to register... *131 






















526 


CONTENTS. 


Testimony for contestant in rebuttal—C ontinued. Page. 

Exhibit U.—Filed with deposition of P. T. Richardson. Poll list of the 
election held at Camp Ground precinct, Charleston Count}", S. G., 

November 3, 1896. _____ _ 492 

Exhibit V.—Filed with deposition of H. W. Purvis. Blank form of affi- ' 

davits for registration, 1895___'496 

Exhibit W.—Filed with deposition of H. W. Purvis. Blank form of amL 

davits for registration, 1895_.. ... - 4S7 

Exhibit X.—Affidavit of Jack Holms that he applied for registration cer- * 

tificate but was refused_ 497 

Exhibit A.—Certificate of the appointment of S. A. Walker a notary 

public________ 510 

Exhibit B.—Certificate by the secretary of state of South Carolina of 

the appointment of P. W. Wilson a notary public___ 510 

Exhibit C.—Certificate by the secretary of state of South Carolina of 

the appointment of Daniel Davis a notary public___ 511 

Exhibit D.—Certificate by the secretary of state of South Carolina of 

the appointment of J. W. Johnson a notary public____ 511 

Exhibit E.—Certificate by the secretary of state of South Carolina of 
the appointment of R. F. Brockington a notary public. ; _____ 511 












INDEX. 




WITNESSES FOR CONTESTANT. 


Allen. M. B_ 

Anderson, R. B_ 

Bailey, M. S.. 

Baker, Bracks_ 

Barnes, Fred E_ 

Barnwell,Anthony M 

Barrinean. W. R_ 

Bennett, A. M. 

Bennett, J. W_ 

Best, Paul ... 

Bolen, Frank.. 

Bowman. Mingo_ 

Briyard, London_ 

Brockington, A. T_ 

Brockington, B. F_ 

Brown, D. S__ 

Brown, Eugene_ 

Brown, George E... 

Brown, Horace_ 

Brown, J. M_. 

Brown, Joseph.. 

Brown, Norris J.. 

Brown, Peter. 

Brown, S. M_ 

Brown, S. T... . 

Bruinton, O. B. 

Bryan. B. B... 

Bryant. T. F _ 

Burns, J. B.. 

Burns, Jonas.. 

Cameron, L. W... 

Cane, C. F_ ...... 

Carr. Richard J.. 

Caulfield, M_ 

Chance, Thomas__ 

Chisholm, Peter_ 

Chisholm, Robert_ 

Clark, Ben., jr. 

Clark, John C_ 

Clauss, A. T.. 

Collier, George_ 

Cooper, C. W.. 

Cooper, L. F .. 

Cooper. Z. R.. 

Crum, Dr. W. D__ 

Cuthbert. John R_ 

Cuttino, William .... 

Dart, Rev. J. L_ 

Davis, A. J_ 

Davis, Daniel .. 


Page. 
288 
315-317 
.. 278 


_ 93-94 

... 243-244 

_ 118 

.. 179 

_ 173 

.... 267-268 
... 233-234 
.... 147-148 
... 240-241 
... 318-319 

_ 188 

.... 254-255 
.... 283-284 

_ 87 

_ 191 

.... 158-159 
.... 221-222 

_ 173 

.. 234 

.... 110-112 
.... 183-184 
.... 191-192 
.... 247-248 

..12-14 

_ 42-43 

. 233 

_ 184 

.... 107-108 

_ 242 

_ 48-49 

... 296-297 

_ 232 

... 140-142 
... 258-259 

_ 61-62 

... 119-121 

_ 69-70 

_ 191 

190 

180-181,192 
... 116-118 
... 10-12,58 

. 320 

... 124-125 

_ 189 

... 300-301 


Page. 

Deas, William... 85 

Devaux, J. D.. 150-151 

Deveaux, B. F __ 267 

Dickes, T. A.. 187 

Dingle, E. L .. 80-81 

Dray tin, J. F_ 86 

Eddings, Gabriel D__ 274-275 

Edwards, J. B., esq.. 126-128 

Edwards, W. B__74-75 

Fennicks, J. W.. 87-88 

Ferebee, Joseph__ 283 

Ferrette, Daniel. 40-41 

Fields, W. J__ 73-74 

Fledgler, Newton_ 299-300, 302 

Floyd, Moses J_ 216-217 

Ford, James_ 135-136 

Fraser, Duncan.__ 37 

Fraser, John... 35-36 

Fraser, Renty.. 257 

Frasier, A... 153-154 

Frazier, Shadwell_ 246 

Frazier, Solomon.. 229 

Freeman, Charles W. D_ 52-54 

Gadsden, Lot. 259-260 

Gar dine, E.. 95-96 

Gaskins, Joseph... 174 

Geddis, H_ 170 

Gelzer, Frank..... 170-171 

Gibbs, R__ 92 

Gibbs, R. W_.. 63-65 

Gibbs, William H__ 47-48 

Gifford, Butler L... 284-285 

Gipson, R. G. F..98-99 

Glover, R. B_ 150 

Gordon, D. E_ 164-165 

Gregorv. January.. 231-232 

Goff, S. D_ 310-311 

Grant, Thomas_ 146-147 

Grant, W. J_ 103-104 

Green. D. D...... ... 146 

Green, G. W_ 177 

Green, George S__ 244-245 

Green, J. C_ 239 

Green, Joseph._ 257-258 

Green, R. G... 267 

Green. S... 94-95 

Green, Scipio_219-220 

Green. Tom... 228 

Habersham. Prince_ 251 

Hamilton, A. N.. 90-91 


527 








































































































INDEX. 


witnesses for contestant— continued. 



Page. 

Hamilton. Anthony 7 - 

.. 229-230 

Hamilton. Samuel J_ 

... 251-252 

Hamilton, Tobey 7 - 

. 252 

Hanna, C. C .... 

__ 182 

Hanna, Robert.. 

_ 179 

Hanna, S. S_ 

.. 175-176 

Hart, B. J_ 

_ 131-132 

Hayward. Alex_ 

_ 246 

Heinholm. John F_ 

_ 100-101 

Henry hand, W. C_ 

_ 177-178 

Herriott. Stepney_ 

_ 307-308 

Hicks, J. E_ 

.. 18-20 

Higgins, J. C_ 

. 37-38 

Hill, Sam H_ 

.. 230-231 

Holloway, R. W_ 

__20-21 

Holmes. Braxton M_ 

... 33-34 

Houston, John__ 

. 268-269 

Huger, Henrv_ 

..30-31 

Jackson, W. R. .. _ 

__ 47 

Jenkins, Hilliard.. 

... 236 

Jenkins, Israel__ 

_ 238-239 

Jenkins, Napoleon_ 

_ 36-37 

Jenkins, Paul_ 

_ 160-161 

Jenkins, Sharper..._ 

_ 285 

Jennings. A. T_ 

_ 113-114 

Johnson, Abraham_ 

_ 259 

Johnson, I. M.. 

_ 96-97 

Johnson, J. W_ _ 

_ 303-304 

Jones, E. D_ 

_ 85-86 

Jones, J. E- 

.. 179 

Jones, John_ 

_ 297-298 

Jones, O. J 

_ 167 

Kelty, Peter_ 

_ 196 

Knights, I. D_.... 

. 44-45 

Lance, Samuel M_ 

.. 54-56 

Lovd, Josiah __ 

_ 217-218 

Mardenborough, J. C.. 

.. 222-226 

Martin, W. J_ 

79 

Martin, W. T_ 

_ 8-10,59-60 

Matthews, G. W__ 

_32-33 

Mattis, W. P... 

.. 247 

Maxwell, Maxwell_ 

. 243 

Maxwell. Samuel L_ 

__ 273 

McBride. S. D_ 

_ 189-190 

McClay, George P_ 

_ 81-84 

McCollough. G. W-... 

... 193 

McFall. C_ 

_ 101-102 

McIntosh, A_ ... 

_ 65-66 

Middleton, Aaron_ 

.. 270-271 

Middleton, Adam_ 

_ 234-235 

Middleton, H... 

145 

Middleton. M. M .. 

_ 168-169 

Middleton, Pat. 


Miller, I. A_ 


Minges, J. A_ 

.. 70-71 

Mitchell, Albert_ . 

_ 237-238 

Montgomerys, W. S_ 

.. 125 

Morion, A. J.. 

.... 196 

Moses. George.. 

_ 102-103 

Moy 7 e. Elliott. 

. 220 

Munell, P. B_ 

... 194 

Murant, Ned_ 

_ 305-307 

Murray, Carter_ 

_ 196 

Murray 7 , M. L.. 

_ 193-194 

My r ers, Wallev_ 

. 157 


Nelson, Elijah_ 

Nelson, S. A ... _ 

Noisett, H. B. .. 

Noisette, H. B_ 

Noland, J. A ....- 

Norris, S. J_ 

Patterson, Frank_ 

Patterson, G. S_ 

Patterson, J. H__ 

Perkins, James_ 

Perrin, H. G_ 

Perry, Samuel . 

Pinckney. Daniel- 

Pinckney, Dr. E. M.. 
Pinckney, James F.. 

Pinckney, John_ 

Plowden, Boston..... 

Polit, D. P_ 

Polite, J. P_ 

Polite. Samuel_ 

Powell. John W_ 

Reed, I. K __ 

Rhoades. Andrew ... 

Richardson, S. B_ 

Riley, Prince A_ 

Rivers, I.. 

Rivers, James, jr_ 

Rivers, S. E _ 

Rivers. T. B_ 

Rivers. W. B_ 

Robinson, Charles_ 

Robinson, James ... 

Robinson, John_ 

Robinson, R. D_ 

Robinson, Robert J . 

Robinson, W. C_ 

Rutledge. Francis... 

Saulters, Isaac. 

Scott, H. S_ 

Scott, W. B.. 

Seri veil, W. B_ 

Sherald, John B_ 

Simmons, W. E_ 

Singeltary, Calvin... 

Singleton, Joseph_ 

Singleton, Samuel... 

Singleton.W_ ... 

Smalls, H. L_ 

Smalls, J. L. C_ 

Smalls, Joseph_ 

Smalls, Louis_ 

Smalls, Thaddeus ... 

Smith, C. H_ 

Smith, James_ 

Smith, Joseph. 

Sparkman. James... 

Steplight, S. E_ 

Tention. Joshua E__ 

Tharpe, James_ 

Thompson, William. 
Vanderhorst, C. S... 

Walker, F. A_ 

Wallace, Middleton. 

Ward, Prim as_ 

Warren, W. J. C_ 


Page 
133-134 
-- 186 
... 88-89 
104-105 
114-116 


6 


_ 173 

_ 239 

_ 79-80 

... 129-130 

----- J A ‘m 


484 

475 


IT. .X 478 
.. 512 

F ___ 485 


-r. ,' '■ - 

if 

h ... 467-469 
- 181,470-486 

... 181-216 
" . 286-289 

. 412-446 
280*$,; 460-467 


.... 27#W, 

_ 277-278 - 

.... 286-287 , 
.... 128-129 
.... 118-119 

_ 68 

.... 185-186 

_ 270 

.... 269-270 
.... 252-253 

. 27-29 

_ 245 

.... 148-149 

_ 16-17 

_ 319 


106-107 

174-175 



.. 29 10 
112-113 
.. 31-32 
.. 46-47 
.. 309 . 

163-164 
.. 25,57 
.. 192 

109-110 
22-23,66 
314-315 
220-221 
165-166 T 
.. 279 v 










































































































































INDEX, 


529 


witnesses for contestant— continued. 


W ashington, Boson_ 
' T ashington, E. A.. 
vVashington, J. I... 
Washington, J. W. 
Washington, Plenty 
Washington, Scipio 

White, J. L_ 

Wliite, Simon G_ 

Wiley, Daniel_ 

\. 

ul D,... 


I. B 


n 

^•5 . 1 " 

r_ 

h... 


G_ 

B.. 

, William P. 

W. G_ 

, J.E_ 

glian, W. H.. 

Dallas, R. C. 

Davis, J. A_ 

Dennis, A. R_ 

Dillon, M_ 

Dodd, J. H.. 

Donelan, William... 

Eaddy, W. S_ 

Earle, Joseph H_ 

Edmonds, James_ 

Edwards, George B.. 

Ehrich, L. S.... 

Elliott, William, jr.. 

Evans, C. E_ 

Evans, J. J. 

Ferguson, John_ 

Ford, Thomas. 

Fuller, Henry M . _. . 

" er, H. H... 

1 , J. I_ 

1, Thomas M_ 

i, W. W_ 

t. B_ 

. ^ H. T_ 

Griei J. Allston_ 

Grim bull, T. J.. 

Hart. R. H.. 

Hazard, Walter_ 

Hazord. Allen P_ 

Hendricks, H. W_ 

Hilton, J. S._. 

Hollings, B. H_ 

Honour, T. W_ 

Howard, J. J. 

Jenkins, E.N_ 

Johnson, C. S. 

ohnson, Gilbert, jr. 
Johnson, Samuel P._ 
17745-34 


Page. 
... 241 

... 72-73 
. 290-292 
. 144-145 
... 305 

. 309-310 
. 149-150 
. 218-219 
39 


Williams, E. W... 
Williams, Michael 

Williams, S. D_ 

Wilson, D. W. 

Wilson, P. W. 

Wilson, Richard .. 

Wingate, E. S_ 

Wragg, Anthony.. 
Wright, Paul, jr.. 


WITNESSES FOR CONTESTEE. 


Page. 

78 

132-133 
155-156 
. 41-42 
312-313 
. 285 

. 118 
. 300 

. 247 


_ 347 

. 466 

_ 401-402 

_ 361-362 

_ 420-421 

_ 326 

. 452-453 

. 453-454 

_ 466 

. 448-449 

. 439-440 

_ 334 

_ 397-398 

_ 461-462 

. 333-334,347 

_ 332-333 

_ 331-332 

_ 454-455 

_ 367-368 

_ 329 

_ 456 

_ 353-354 

. 460-461 

_ 467-469 

_ 328-329 

_ 356-358 

...... 408-410 

.... 424-429 

_ 392-393 

.. 391 

.. 330 

... 390 

_ 437-439 

_ 406-407 

_ 457 

.. 466 

_ 464-465 

_ 342 

_ 392 

_ 393 

. 373 

. 373 

_ 407-408 

_ 399-401 

_ 368-369 

... 324-325 

_ 325-326 

_ 336 


... 440 
... 393 
. 451-452 


Jones, J. J.. 

Jones, O. M_ 

Keegan, John.. 

Kellv, William Aiken 

King, S. F.. 

Koopman, J. J_ 

Koster, John E_ 

Landers, M. A_ 

Larisey, J. B.. 

LeseShe, C_ 

Lofton, H. M_ 

Lowrimore, John C .. 

McBride, O. T.... 

McConnell, J. Z_ 

McKeithen, J. J. 

McMahon, W. J_ 

Meyer, Edward A_ 

Millard, L. A. 

Monzon, L. 

Moore, Arthur. 

Mott, W. J__ 

Murray, J. G_ 

O’Herin, William_ 

Patterson, A. A., jr .. 

Paul, Charles I. 

Pauls, W. F ... 

Peck, J, F.. 

Pollitzer, A. C _ 

Platt, B. B_ 

Prentiss, W. O. 

Reedy, James__ 

Sanders, B.. 

Sanders, T.C. 

Sanders, W. F_ 

Scally, T_ 

Seabrook, E. Mitchell 

Semken, J. M_ 

Simmons, M. W_ 

Smith, W. Hampton . 

Spivey, T. R ... 

Talbird, Thos.. 

Tharin, D. C_ 

Thayer, J. H.. 

Tracy, C. C ... 

Van Sauten, Julius C. 

Ward, B. Huger_ 

Whaley, E. Mitchell . 

White, Dr, T. G. 

Wigfall, J. N .. 

Wilkins, G. W. 

Woodward, J. H. 

Worrell, George M... 


.. 326,347 

. 329-330 

_ 344 

_ 365-366 

.. 372 

_ 366-367 

.. 345 

_ 334-335 

.. 450-451 

. 462-464 

_ 348-353 

.. 382-386 

346 

393-394,465-466 

. 398-399 

_ 358-360 

_ 337 

. 455-456 

.. 410-411 

331 

"-’".’362-365,369 

. 372-373 

_ 344 

. 456-457 

_ 415-417 

_ 378-382 

. 430-436 

.. 417-419 

_ 454 

_ 421 

_ 360-361 

. 449-450 

_ 450 

_ 419-420 

_ 342-343 

_ 370-371 

. 345,348 

.. 457-459 

_ 355-356 

_ 390-391 

_ 412-415 

_ 335-336 

_ 338-342 

_ 446-448 

. 328 

_ 386-388 

. 371-372 

.. 422-424 

.. 327-328 

. 429 

_ 395-397 

_ 346 

































































































































530 


INDEX. 


WITNESSES FOR CONTESTANT IN REBUTTAL. 


Page. 

Abbot, J. B ... 474 

Clauss, A. T_ 474 

Cuthbert, John R__ 471 

Doiley, S. B_ 487 

Gibbs, W. H_ 489 

Greene, Z. D_ 501-508 

Herriot, George E.. 498,508 

Heyward, Alex_ 518 

Higgins, Norris.. 482 

Hudson, Albert. 483 

Isaiah. B. Reed. 516-518 

Jennings, A. T. 477 

Logan, Aaron. 477 

McClellan, John _ 515 

Matthews, Thomas__ 486 


Page. 

Maxwell, J. B .. 484 

Middleton, Aaron. 51' 

Milan, E. F. 485 

Perrin, H. G_ 473 

Perry, M. H_... 479 

Pinckney, Moses__ 489 

Puff, G. T _ 476 

Purvis, H. W_ 493 

Richardson, P. T . 49° 

Rivers, James, jr___ 

Robinson, F.... 

Smalls, H. L.. 

Wallace, R. B___ 

Washington, G. P_ 

Williams, H. B_ 


OFFICERS BEFORE WHOM DEPOSITIONS WERE TAKEN. 


Allen, Macon B.... 216-286,290-321,512 


Anderson, R. B... 498-511 

Black, John_ 446-459 

Brown, Solomon M_ 22-49,486-497 

Davis, Ross C_ 378-411 

Mayberry, Edward F... 328-375 

Momeier, George H. 324-328 


Niles, Edward G_ 

Purvis, H. W_ 8-22,52-1 

Richardson, R. IJ_ 

Rivers, W. B____ 

Sanders, L. W_ __ 

Scott, S. McB.... 


O 


Lb D '24 












































































































0 







































































































































































































































































































I 








/ 








































































4 






































































































































































































































































































































































































































































































































































